Hopefully, an attorney will respond to this but I don’t believe that he can get this since she did pay what she was ordered to pay.
The court cannot retroactively modify the amount of child support, however she may be held liable for the increased amount of child support from the day he filed the motion until the time she started paying the higher amount. Example, if he filed the motion to modify child support in August and she began paying the new amount in November, she may be liable for the increased amount for August through October.
I am confused about one fact in your post, are you stating that he got the children in 2004 and the first child support order was entered in October 2005? If that is the case I would presume that the October 2005 court order already dealt with child support from 2004 until that time, if that is the case he cannot go back and modify it now.
Helena M. Nevicosi
Attorney with Rosen Law Firm
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Raleigh, North Carolina 27607
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Charlotte, North Carolina 28262
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The response posted above is based upon the limited factual information made available and is not intended as a full and complete response to the question. The only reliable manner to obtain complete and adequate legal advice is to consult with an attorney, fully explain your situation, and allow the attorney sufficient opportunity to research the applicable law and facts required to render an accurate opinion. The basic information provided above is intended as a public service but a full discussion with an attorney should be undertaken before taking any action.
I am asking on behalf of a friend. She has a court order for child support dated back to October of 2005. She was ordered to pay $200.00 a month which she has paid. Her Ex has taken her to court for more child support which has been awarded from November 2006 to $595.00. He is now trying to get this much higher rate retroactive to 2004 when he first got the kids. Is it legal for them to make this amount retro to the first day he got custody even though there is a previous order already in effect?