Can Child Support Modifications be Made Retroactive?
Child support can be modified if circumstances change. A common reason is job loss. While your case is pending in court, however, you must continue to make regular child support payments. While it is unclear what the court will do in every situation, a recent case “Marriage of Leonard, C.A.” said that the modification could not be made retroactive to account for payments made while the case was pending. In that case, the support payer had significant assets, and the court found he should bear the burden. Still, in “Santa Clara v. Wilson,” Mr. Wilson was required to pay the child support while his case for modification was pending, and modification was not made retroactive even though Wilson was incarcerated during the time period in question! Though this may not be the case in every situation, the message is clear: pursue your support modification at the earliest possible time. At Sagaria Law, we will make your modifications high priority so there is no costly delay. Contact us today to schedule your initial consultation.