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I live in the state of NC and so does my childs father. He has his child support adjusted because he has other children that he pays for. I found out that one of his children has been legally adopted by the mothers husband. He has not disclosed this to me and my child support has not be adjusted for this extra income! The child was adopted in November of 2005 - can I have the support modified to increase the amount I recieve and get back child support for the differnce?

2007-03-15 04:48:30 · 6 answers · asked by Newlywed 1 in Politics & Government Law & Ethics

Okay, I am not being spiteful here but we do have a clause that says that anytime anything changes, weather it is a new job, or a payraise, or a layoff that the support be modified. I just don't know if they can back date it. I really do need the money I am in the process of going to graduate school and it is very difficult for me to get student loans since our split resulted in a lot of credit problems for me. If I can work less and study more then I could get finished with my degree and be better able to support my child.

2007-03-15 05:10:50 · update #1

6 answers

You can apply to the court to adjust the amount. As to back payments, was he required or does he have an obligation to report to the court any significant changes in his circumstances? Your attorney can answer the question for you.

2007-03-15 04:54:16 · answer #1 · answered by Yak Rider 7 · 0 0

Ask your attorney.
He might not be obligated to tell you anything.
Further, once you and he hammered out a payment schedule, there probably was no clause to allow for increased payments in the event of release from prior obligations.

Laws vary state to state.

2007-03-15 04:56:58 · answer #2 · answered by docscholl 6 · 0 0

whether he did no longer have a job, there must be a minimum ammount that they are going to evaluate that he "made" finally using fact he nonetheless mandatory to stay someplace and consume etc. so he ought to nonetheless have an element seen, at the same time together with his new job. you will possibly no longer owe as much as they are asserting now. touch the enforcement officer to be sure. additionally in case you have 50/50 custody, why are you paying help?

2016-11-25 21:47:04 · answer #3 · answered by sanda 4 · 0 0

Yes

2007-03-15 05:08:54 · answer #4 · answered by dude0795 4 · 0 0

You could probably get the amount you get adjusted but not get the back money back. When you go to court, the judge may backdate the new amount to when you filed but not backdate it to when his situation changed.

2007-03-15 04:52:55 · answer #5 · answered by Doug 4 · 0 0

Honestly, do really need the money or you just being spiteful?

2007-03-15 04:54:04 · answer #6 · answered by Anonymous · 0 0

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