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Houston
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Child Support
      #773209 - 01/06/12 09:37 AM

If a person has denied to modify the child support over the years though they could have can they come back year later and ask for money for those previous years?

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Renny
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Re: Child Support [Re: Houston]
      #773217 - 01/06/12 10:11 AM

Child support modification awards are not retroactive, if that's what you are asking.

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Houston
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Re: Child Support [Re: Renny]
      #773245 - 01/06/12 12:56 PM

In other words you are saying, child support generally does not get back dated. The only time child support will change is when it gets modified?

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googledad
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Re: Child Support [Re: Houston]
      #773252 - 01/06/12 01:22 PM

Child support MAY be ordered retroactively in some instances for SOME states for an original order , MODIFICATIONS to an existing order MAY be retroactive to the date the modification is filed .

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Renny
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Re: Child Support [Re: googledad]
      #773264 - 01/06/12 02:16 PM

The OP referred to "previous years". And I don't consider counting from the date of filing "retroactive" in the true sense. It's just a matter of when you begin counting.

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Houston
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Re: Child Support [Re: Renny]
      #773291 - 01/06/12 04:43 PM

"MODIFICATIONS to an existing order MAY be retroactive to the date the modification is filed"

Under what circumstances?

Is that a good indication?

[censored]://[censored].youtube.com/watch?v=KE5QFOD7NnE&feature=mfu_in_order&list=UL


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Houston
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Re: Child Support [Re: Houston]
      #773303 - 01/06/12 06:53 PM

What I am trying to say is:

Every 3 years the parent has the right to ask for a modification. If she/he decided NOT to file a modification can she/he down the road when she/he DOES ask for one ask for a retroactive for the the previous years?

Also, every three years, the states are required to review, and if it is found that there is a minimum 20% difference in the amount being paid. Does the mom or the dad HAVE to ask for a modification or it is automatically done by the Federal Child Support Enforcement Act??

Edited by Houston (01/06/12 07:00 PM)


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Sherron
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Re: Child Support [Re: Houston]
      #773306 - 01/06/12 07:10 PM

"Every 3 years the parent has the right to ask for a modification. If she/he decided NOT to file a modification can she/he down the road when she/he DOES ask for one ask for a retroactive for the the previous years?"

No. The most it would be backdated is to the date of filing, not the date the party wishes they had filed.

"Also, every three years, the states are required to review, and if it is found that there is a minimum 20% difference in the amount being paid. Does the mom or the dad HAVE to ask for a modification or it is automatically done by the Federal Child Support Enforcement Act?? "

My state's cs enforcement office sends out a letter notifying the parties that the 3 years are up if they wish to file a review. It is up to the parties to petition for a mod if they are interested. No response from either party to the letter, no mod hearing.


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Renny
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Re: Child Support [Re: Houston]
      #773307 - 01/06/12 07:13 PM

The answer to the first question is no.

A to the second, CSE doesn't do automatic modifications in my state, or as far as I know. However, CSE being a joint federal/state program different in every state, it's possible.


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Houston
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Re: Child Support [Re: Renny]
      #773308 - 01/06/12 07:15 PM

Thank you all

Edited by Houston (01/06/12 07:15 PM)


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