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ScottyMacEsq
ScottyMacEsq, Lawyer
Category: Family Law
Satisfied Customers: 15759
Experience:  Licensed Texas General Practice Attorney
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My divorce was finalized on Sept. 9, 2014 after over a year

Customer Question

My divorce was finalized on Sept. 9, 2014 after over a year and a half of dealing with lawyers and court dates all because my now ex-husband didn't want to pay what the state of GA child support worksheet stated he was going to have to pay. The amount that the original worksheet came out to was $1349 a month in child support, but in the end I ended up accepting $850 a month simply because I wanted it to finally be over and not have the divorce still hanging over my head stressing me out. I am the custodial parent of our now 5-year-old daughter, he never even asked for custody or any extra visitation time with her other than the standard every other weekend visitations. He is a good dad to her when he actually has her, but has never been a part of her life at all when it's not his weekend to have her, even though I have always and still continue to invite him to every school event, extracurricular performance and her birthday party every year. If I were to actually decide to spend the time, effort and money to take him back to court do you think that I will actually have a good chance in getting the full amount I was entitled to from the very beginning now that I'm actually ready to fight for him to do what is right by our daughter? His salary has significantly increased since the divorce became final also, not to mention the fact that he hid over $50,000 dollars of bonuses and extra income from me during our 3 year marriage which I never even asked for a dime of! We were together a total of 13 years but were only married for 3. Thank you in advance for any assistance you might be able to provide me!
Submitted: 1 month ago.
Category: Family Law
Expert:  ScottyMacEsq replied 1 month ago.

Thank you for using JustAnswer.

I'm sorry to hear about your situation. The primary issue that arises is the fact that you agreed at the time to accept a lower amount of child support. I'm not certain about the agreement, but it was probably a full adjudication of the issues of the case, in that you're saying that you're accepting this amount even though you could potentially go for more (obviously you could have).

Now given that his income has increased, you can certainly ask for an increase in the child support amount. Generally, in an action to modify child support, a parent must establish that there has been a substantial change in the income and financial status of either parent, or in the financial needs of the child, since the date of the original support order. If this threshold requirement is met, your ex's obligation to pay child support will be reconsidered under the appropriate child support guidelines. And while you could ask for a "retroactive" support order that would increase it back to the divorce, the court will almost certainly only order it retroactive to the date of filing of the motion to modify child support.

To overcome the settlement where you accepted less than you could have received, you'd have to show some sort of fraud in him reporting his income and that you did not know of his hiding this income (the amount of the hidden income OR the fact that he was hiding it in the first place). IF you can show that, you could potentially get the modification relating back all the way to divorce, but otherwise if you knew that he was at least hiding income but accepted the lower child support regardless, the court almost certainly wouldn't grant the higher support order relating back to the divorce, but only to the date of the filing of the motion to modify.

I know this is probably not what you wanted to hear, but it is the law. I hope that clears things up anyway. 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 the time and effort that I spent on this answer unless and until you rate it positively (3 or more stars). Look for the stars on your screen (★★★★★). Thank you, ***** ***** luck to you!

Expert:  ScottyMacEsq replied 1 month ago.

Did you have any other questions before you rate this answer?

Expert:  ScottyMacEsq replied 1 month ago.

Are you there? Please note that I am still here, awaiting your response or rating... (please note that rating closes this question out, so if there's nothing else, please rate it so that I can assist other customers that are waiting for answers to their questions)

Expert:  ScottyMacEsq replied 1 month ago.

Should I continue to await your response, or may I assist the other customers that are waiting?

Expert:  ScottyMacEsq replied 1 month ago.

My apologies, but I must assist the other customers that are waiting. 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 the time and effort that I spent on this answer unless and until you rate it positively (3 or more stars). Look for the stars on your screen (★★★★★).

If you feel that I have gone above and beyond in this answer (my average answer is about 10 minutes) bonuses are greatly appreciated. Thank you, ***** ***** luck to you!

▼ RATING REQUIRED! ▼ Please don't forget to Rate my service positively. It's only after you rate that I am credited.

Expert:  ScottyMacEsq replied 1 month ago.

I see that you have not responded in some time. Please note that this question is still open until you rate it. I believe that I have answered your question, but 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 the time and effort that I spent on this answer unless and until you rate it positively (3 or more stars). Look for the stars on your screen (★★★★★). Thank you, ***** ***** luck to you!

If you can't see the stars, you may need to scroll up/down/left/right so that you can see them. Again, please note that you have to click the rating and submit it for the question to close out and for me to get credit for the answer I provided.

Expert:  ScottyMacEsq replied 1 month ago.

Did you have any other questions before you rate this answer?

Expert:  ScottyMacEsq replied 1 month ago.

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 the time and effort that I spent on this answer unless and until you rate it positively (3 or more stars). Look for the stars on your screen (★★★★★). You may need to scroll left/right/up/down to see these stars, but note that the rating is what closes out this question, so it is necessary that you do so.

Thank you, ***** ***** luck to you!

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