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Dimitry K., Esq.
Dimitry K., Esq., Attorney
Category: Family Law
Satisfied Customers: 37630
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

Resolved Question:

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.
Submitted: 1 year ago.
Category: Family Law
Expert:  Dimitry K., Esq. replied 1 year ago.
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 1 year ago.


To modify an existing order.


 

Expert:  Dimitry K., Esq. replied 1 year ago.

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!

Dimitry K., Esq., Attorney
Category: Family Law
Satisfied Customers: 37630
Experience: I provide family and divorce law advice to my clients in my firm.
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