This question is for Socrateaser...
When you went off line I thought the Flu got the best of you...Happy for your return. Bare with me as I process your info.
A: Federal law prohibits modification of child support
, retroactive to a date before the filing of a motion or order to show cause to modify (42 U.S.C. 666(a)(9)(C)). Once a request for modification is filed (or an initial request), the court can go back to that filing date, but not before.
Support was set at last hearing effective 4/2012. Father has since filed a request for modification [based on new timeshare], so if requested by me are you saying the court can now go back to that filing date of 4/2012? Is this the key to getting my backdated support? If yes, which motion do I need to file?
There is an exception where the support order
/judgment was procured by fraud. If the obligor
parent deceived the court or other parent into making or consenting to an order that does not coincide with reality, then the court can set aside the prior judgment/order, and once that's done, retroactive support can be ordered back to the date when the request for support was filed for that previously set aside order.
I think my exhibits of court filed documents show fraud on his behalf. He deceived both court and I into an order that does not coincide with reality. I need to work this angle/ how does it tie into a motion, etc.?
So, it's not necessarily a lost cause. If you can show that the other parent knew that he had receive bonus income that he did not disclose before the last order was made, and you had no way to prove otherwise, then you can ask the court to set aside the prior order and establish a new order. But, that doesn't take a contempt affidavit -- a contempt won't get you where you want to go (though, I'm not surprised that someone may have told you that it would).
Great. Let's focus on "not a lost cause." Re: this paragraph. I can't show that he had received bonus income that he did not disclose before the last order was made because he did not inform me. Without going to his employer, I honestly am in the dark. His 2012 W2's don't separate income from bonus income. His recent 2013 paystub does differentiate, but not his 2012 w-2's or taxes. I may have an email where I asked him if he received a bonus in 2012 and he said yes, but that it was before the court ordered bonus inclusion date, which is why I didn't pay you.
He also said he hadn't received anything since. Yes, contempt is not going to get me there. I understand and agree. I don't want him jailed etc. I only want him to make financial amends. I want to take action, and file a motion in the morning. If it is heard or not. Please walk me through it. Send form, etc. I can do this, properly advised. Many thanks.