I recently filed to have custody changed. Custody was previously split 50/50, but there was a substantial change in circumstance and we returned to court where I was awarded primary
custody and the other parent awarded visitation every other weekend.
As a follow-on, I filed to have child support re-evaluated. I’ve been paying child support since 2010. The other parties attorney is now attempting to subpoena my 2010-2012 income information. He says “if she receive(s) or (d) a bonus these years…their (sic) is ample authority for averaging in the years past.” So it appears that my ex is attempting to garner even more money from me dating back to 2010-2012.
Is this legal? I was told that once child support is accrued and paid, it cannot be changed. So there could be a change in child support because of the new custody order, but not from years past. I was also told that support could only be re-visited every 3 years unless there was a change in custody. So I took that to mean he could not ask for child support to be recalculated until Dec 2013 since our last order was Dec 2010.
Any info you can give me would be appreciated.