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ScottyMacEsq
ScottyMacEsq, Lawyer
Category: Family Law
Satisfied Customers: 15762
Experience:  Licensed Texas General Practice Attorney
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Does an absent father have to pay "back child support" when

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Does an absent father have to pay "back child support" when he was making $200,000 a year and only paid $192 a month if the order hadn't been changed from when he made less money? Also if the last order said he had our child every wednesday and saturday and sunday but he never did, does that make any differences also? I took him to the los angeles child support on commonwealth in LA march 2012. They revised the order to $1,564 a month. It was coming up as $1,800 a month but the person doing the numbers said if he tells him how much his current wife makes then he can lower the amount even though they have no children together. His wife makes the same or a bit more than him. He was hesitant to tell her income until the man said he was trying to help him out. Then the guy lowered the amount. It was written that he would have her every other weekend, but he only sees her once a month or every two months. Our daughter wants to stay with me full time and is 14 now does she have a say?

ScottyMacEsq :

Thank you for using JustAnswer. I am researching your issue and will respond shortly...

ScottyMacEsq :

If there's already an order in place regarding child support, while you can request a modification based upon higher earnings, the modification, if granted, will only go back to the time that you requested it from the court. When a court modifies an award of child support, it may make the award retroactive to the date that a modification was requested, but it cannot go beyond that date. It is within the discretion of the tribunal as to whether to make the award fully or partially retroactive to the date of filing. In some states, a person seeking modification must present evidence demonstrating why the order should be retroactive to the date of the date of filing. In other states, retroactivity is presumed, unless the court is decreasing the amount of support.

ScottyMacEsq :

To file for a modification, contact the family law facilitator (http://www.courts.ca.gov/selfhelp-facilitators.htm) in the county where the order is entered.

ScottyMacEsq :

As for her visitation, if your daughter's father is insisting on exercising his visitation rights, there are a couple of things you can do. One would be for you and/or your daughter to have a heart-to-heart talk with him to explain the situation. If he is unreceptive to the idea of ending his visitation with your daughter (which he very well may be), then you will have to go back to court to request a modification of your order with respect to visitation. The court can then appoint a guardian ad litem for your daughter to investigate the situation, and make a recommendation to the court regarding whether the visitation order should be modified, and if so, how it should be modified. Unless and until the order is modified, or unless she is in some sort of danger at his house (i.e., he is abusive, he uses drugs, etc.), she essentially doesn't have any rights. She will have to go visit her father as scheduled, unless he agrees not to exercise his visitation time.

ScottyMacEsq :

Otherwise, she wouldn't really have the option of not seeing him. It's his right to see her, not her right to not see him, unfortunately.

ScottyMacEsq :

Hope that clears things up a bit. If you have any other questions, please let me know. If not, and you have not yet, please rate my answer AND press the "submit" button, if applicable. Please note that I don't get any credit for my answer unless and until you rate it a 3, 4, 5 (good or better). Thank you, XXXXX XXXXX luck to you!

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