Hello how are you today?
What do you mean by change the date?
I'm fine and you
Doing well, thanks for asking.
Change the date of what exactly?
I filed a motion to reduce the support I pay, and got a court date of Nov 8 and my ex's lawyer wants to change that court date
Oh, ok I understand. No, it will not change that date. Usually, you can seek retroactive support back to the actual day that you filed your petition to reduce child support. So the day that it is actually decided does not change.
However, you can not start paying a reduced amount until the case is over and the child support order modified.
Do I ask that to the judge or will he odamadicly ruduce it from when I filed the modification
You will need to show the court at the hearing how your financial circumstances have changed, and show proof of income to show that. After which, if the judge determines that you have had a substantial change in circumstances to warrant a modification, the judge will modify the child support order.
Yes but will it be from that day in court or from when I filed the modification
It can be from the date you filed, if you request it, plus you can seek reimbursement for your "overpayment".
Does this answer your question?
ok so I request it the day I go to court
Yes. If it is not in your petition.
If this does answer your question, please remember that I do not receive wages or a salary from this site, and the only way to be credited for our time together is for you to provide a positive rating.
I just ask the Judge or do I have to file something
to go back to the date Ifile the modification
You can ask the judge at the hearing.
Thank you very much and I will give you a great report
DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.
The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).