1. How far back can one go in respect to claiming retroactive child support? For example if party did not pay child support for the first two years and only began paying child support in 2009, are they still on the hook to pay child support for 2007 and 2008? Is child support ever written off?
2. To put it another way, if there is a final order in place that states, child support should be paid as follows beginning January of next year but does not mention anything about retroactive support, does it mean it is assumed there is no claim for child support for the first two years and no future claim will be made?
3. If the level of child support has not been adjusted for four years, but both parties argue that it should have been adjusted in their favor, can it still be adjusted retroactively?
4. Does the validity of the claim depend on who brought a motion to change forward for an adjustment to child support? I.E. one party brings forward a motion for an adjustment and in response opposing party says I meant to bring forward motion to change back a couple of years ago and did not get around it to it, but I'd like to have a readjustment retroactively, because I think I paid too much.
In short, what are the rules governing retroactive child support?
2. To put it another way, if there is a final order in place that states, child support should be paid as follows beginning January of next year but does not mention anything about retroactive support, does it mean it is assumed there is no claim for child support for the first two years and no future claim will be made?
3. If the level of child support has not been adjusted for four years, but both parties argue that it should have been adjusted in their favor, can it still be adjusted retroactively?
4. Does the validity of the claim depend on who brought a motion to change forward for an adjustment to child support? I.E. one party brings forward a motion for an adjustment and in response opposing party says I meant to bring forward motion to change back a couple of years ago and did not get around it to it, but I'd like to have a readjustment retroactively, because I think I paid too much.
In short, what are the rules governing retroactive child support?
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