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bigbadd · Apr 3, 2008, 04:08 PM

Hello all
With out being too confusing... here is my problem now!!
I recently went to court to have my child support that I pay to my ex changed because one of the kids no longer lives with her. Now she's ticked off big time cause it chenged and is screaming for back time.
I know I should have given proof of income each year but I didn't... anyways,the last time we were in court previous to when the order was changed was in 2005... at that time she was given income for 2003,2004... can she still retro back even though she had the income info and chose not to do anything in 2005?
Thanks

ScottGem · Apr 3, 2008, 04:37 PM

It depends on the laws in your state. If you were required to report changes of income, then she may be able to go after you. If you only had to go to court if you wanted to request a change, then she doesn't have any grounds.

bigbadd · Apr 3, 2008, 04:44 PM

I live in Nova Scotia
My order states I was required to give the info. However... my question is how long does she have once she gets the information to go for back time? As I said we were in court in 05 and I supplied my income to the courts and her for pevious years and now, 3 yrs later she is going for back time. Is there a time limit that she has to make that decision? I don't know... its confusing... I pay for my kids and I get screwed evrytime.

s_cianci · Apr 3, 2008, 04:50 PM

Yes. She can "retro back" if you were delinquent in your child support payments prior to when the order was modified due to the one child no longer residing with her.

ScottGem · Apr 3, 2008, 04:52 PM

This is subject to local laws. You have to check the laws for your area.

JudyKayTee · Apr 4, 2008, 05:38 AM

Originally Posted by bigbadd

I live in Nova Scotia
My order states i was required to give the info. however... my question is how long does she have once she gets the information to go for back time? as i said we were in court in 05 and i supplied my income to the courts and her for pevious years and now, 3 yrs later she is going for back time. Is there a time limit that she has to make that decision? i dont know.... its confusing.......i pay for my kids and i get screwed evrytime.

Cannot speak for Nova Scotia but if you were "supposed" to advise the Court of any income changes and you did not she can go after you for back support until the end of time.

I know you think you got "screwed" because you pay for your kids... but if you had higher income than the Court knew about and didn't report it you did not live up to your financial obligation to your children.