In a case where one parent was in prison for a year, and the parent was unable to pay child support, can a child support order be modified retroactively according to the current wages earned? I understand from reading Supreme court case laws that prison is considered under the "voluntary Unemployment" part, but without access to the court for a modifcation is there case law that sets presidents to have the child support reduced retroactively under current income. (ie. Father made $40,000 per year prior to incarceration, and his child support was set per this amount. After release from prison, he could no longer work in his normal and customery career, and had to take a job making $16,000 because of the conviction. The one year in Prison, his child support was set at the higher earning rate, rather than the newer lower rate.) Can father under case law or existing Supreme court ruling get retroactive (for the year in prison) child support reduction? Give link if Possible.
2007-01-02
05:29:43
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3 answers
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asked by
Anonymous