Q: Ex trying to lower support
My ex husband is taking me back to try to get his support lowered since my son started kindergarten. If it gets lowered does the lower amount go into effect after mediation or does it go back to the day he filed? Will I get a lower amount until he gets paid back what he's paid since his initial filing?
A: Usually the modification is effective the date the petition was filed but if the circumstances resulting in the modification occurred after the filing date then it's likely the order wouldn't be effective until that later date. Often the payments toward the prior order may be used to reduce any arrears still existing under that old order or a credit balance might be carried on the court record. If the overpayment is substantial, the amount actually required to be paid under the new order could be temporarily reduced until the credit balance is has been used up.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
