Is there any case law or supreme court rulings that allow modifications of child support retroactively?

Question

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.

Answer 1

most states go by the father potential income (they are on to the trick of them working under the table for less money, thus less support is ordered). if he can show he is no longer ABLE to make that amount, it is lowered.

but every state is different, so...

1)to be sure, contact a local legal aid office. they are in all states. call the county court house for the number if you cant find it in the phone book. if no luck, call the state bar assoc for it.
2) call the CS caseworker and ask.
3) if the mom is on assistance, call that case worker and ask.

here is the calculator. just click on your state and fill it in. this will give you a general idea what will be paid.

http://www.divorcelawinfo.com/calculators.htm

the rest of these links are to help w/questions, issue and needs.

Answer 2

From Findlaw.com
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A permanent modification may be awarded under one of the following circumstances:

* job change of either parent

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So I would assume the answer is a yes, the amount can be modified due to the circumstances.

below the whole question/answer from the FAQ
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I think our existing child support order is unfair. How can I change it?

You and your child's other parent may agree to modify the child support terms, but even an agreed-upon modification for child support must be approved by a judge to be legally enforceable.

If you and your ex can't agree on a change, you must request the court to hold a hearing in which each of you can argue the pros and cons of the proposed modification. As a general rule, the court will not modify an existing order unless the parent proposing the modification can show changed circumstances. This rule encourages stability of arrangements and helps prevent the court from becoming overburdened with frequent and repetitive modification requests.

Depending on the circumstances, a modification may be temporary or permanent. Examples of the types of changes that frequently support temporary modification orders are:

* a child's medical emergency
* the payer's temporary inability to pay (for instance, because of illness or an additional financial burden such as a medical emergency or job loss), or
* temporary economic or medical hardship on the part of the recipient parent.

A permanent modification may be awarded under one of the following circumstances:

* either parent receives additional income from remarriage
* changes in the child support laws
* job change of either parent
* cost of living increase
* disability of either parent, or
* needs of the child.

A permanent modification of a child support order will remain in effect until support is no longer required or the order is modified at a later time -- again, because of changed circumstances.

Answer 3

SCOTUS is the final authority on what's or isn't constitutional. even however, that doesnt advise they are infalable. they could and do revisit previous judgements (however in many situations do no longer)