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Dimitry K., Esq.
Dimitry K., Esq., Attorney
Category: Family Law
Satisfied Customers: 41220
Experience:  I provide family and divorce law advice to my clients in my firm.
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Can I file for a petition of an original child support order

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Can I file for a petition of an original child support order if it was entered as a default amount due to lack of representation, if I can prove what my actual income was at that time and from that time going forward.
Thank you for your question. Please permit me to assist you with your concerns.

My apologies, I am a bit unclear. Are you seeking to modify an existing child support order retroactively?
Customer: replied 3 years ago.

To modify an existing order.


Thank you for your follow-up, Karin.

An existing order for child support can always be modified provided that there is a substantial change in circumstance, such as a change in income, a change in custody, or some sort of a hardship. The courts typically do not permit a modification if there is no material change or if the initial order was only put in place a short time ago, such as within a year. The courts also frown at modifications if there is a currently an outstanding balance owed via arrears. Otherwise a modification can be pursued if there are valid grounds to do so.

Hope that helps and please let me know if there is anything I can further clarify for you. Thank you!

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