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P. Simmons
P. Simmons, Attorney
Category: Legal
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Experience:  16 yrs. of trial experience
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I just found out that my ex husband is making about 25K more

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I just found out that my ex husband is making about 25K more than he did when our child support agreement was drawn up in 2002 and has been for the last five years. When I did the child support calculation for the state of NY (figuring in both of our salaries) It turns out that he should have been paying an extra six hundred dollars per month on top of what was originally ordered. If I move for a modification in child support based on this can I also ask the court to retroactively modify the order to recoup those additional funds?
Thanks for the chance to help. I am an attorney with over 12 years experience. Hopefully I can help you with your legal question.

The court will not give you retroactive support prior to when you file the motion.

Now...if you file the motion this month, and the court issues the order in September, they an order retroactive from June. But they can not/will not go back 5 years. The law simply does not allow that.

Sorry to have to bear bad news
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