Motion to Modify Support


#1

Hello,

I’m seeking a modification of an existing order that began (it was signed by the judge) Aug 2011. I filed the motion to modify Nov 2011. Specifically I’m seeking arrears for the time prior to Aug 2011. X and I have been separated since early 2009, therefore I’m seeking arrears for 2009 - Aug 2011 because I’ve recently found out that X did not disclose all gross income per the the support guidelines. Essentially X lied about income for financial gain. I’m interested in these two options: 1) Simply asking for arrears from 2009 to Aug 2011 or because the existing order was based on significantly falsified information (not disclosing all income) that it be put aside and support be recalculated using the correct incomes from 2009 to present. I understand that the option to have the current order set aside is viable due to Rule 60, does it matter that the support award/calculation was part of a binding arbitration agreement? Can I simply ask that the support order portion of the agreement be set aside without asking that the entire binding arbitration agreement be set aside? Or would it be more practical to just ask for arrears for 2009 to Aug 2011?

Thanks,
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