as far as i understand you cannot retro act it when you reduce it, but you can when they increase it. the reason her attorney is dragging his feet is becasue of this … i would try to take care of it asap
Im still waiting for an atty to respond to my question.
Dear kilmer:
Greetings. When you file a motion for modification of child support, the court can always back date the modification to the date of filing the motion and you must ask for the same at court. The motion automatically creates the ability for this to happen without additional documents or filing. Thank you.
Janet L. Fritts
Attorney with Rosen Law Firm
4101 Lake Boone Trail, Suite 500
Raleigh, North Carolina 27607
919.787.6668 main phone
919.256.1665 direct fax
301 McCullough Drive Suite 510
Charlotte, North Carolina 28262
704.644.2831 main voice
704.307.4595 main fax
1829 East Franklin Street, Bldg 600
Chapel Hill, NC 27514
919.321.0780 main phone
919.787.6668 main fax
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 have filed for a modification in child support. We disagree on who medical plans and the number of days I have each yr is around 30 more overnights than in our previous order, etc. It looks like child support will be decrease to half of what it is now. I am pro-se.
How do I file for the new child support amount to retro back to the date of filing and get credit for paying double payments since I am still paying each mnth? I pay her directly to her bank, not thru the county or enforcement agency. Her atty is suggesting calendering the child support modification out 6 mnths. I dont agree because Im still paying the current amt during those 6 mnths.