Q: Child support modification
I divorced my ex in 2016. He raped me and went to prison and when the divorce was finalized support wasn't ordered due to prison time he was facing. He did 5 years and was released then was picked up again on separate charges for 9 months and was released 2 days ago. If I modify the child support on our 4 kids will they make him pay back all the years he was not helping me? It seems wrong that due to a crime he chose to commit against me that I was left to care for our kids while he owes and pays nothing. Any advice on what the likely outcome would be for filing for modification would be is appreciated. Thank you all so very much for taking your time to help me.
A: You need to read carefully the original court order. If the order "reserved" on child support then you can go back to the beginning. If it did not reserve then you may be limited to going back in time 24 months (two years). Speak with a local family lawyer who offers a free consultation for more specific advice.
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.
