More details to this question:
I'm currently in the middle of a child custody modification and I will be including a request for retroactive child support. During my divorce I was without representation and child support was not awarded due to my ex spouse concealing his income. Now that things have been exposed, a child support order is going to be enforced. Will the support be retroactive up to 24 months prior to the filing of the modification or just from the date of the filing of the modification? Come to find out, my ex spouse should have been paying child support the entire time.
1 ANSWER
Typically, in a modification proceeding, any support awarded can only be awarded retroactive to the date of filing the modification petition. However, you may have a unique situation where, if you can prove fraud in the initial divorce proceedings, you can move to set aside the original final judgment, to the extent that no child support is awarded, and ask for the court to award child support based on the fraud. The fraud must come from a fraudulent financial affidavit. In such a situation, once the fraud is discovered you can seek to set the judgment aside.
It is a little complicated, but probably worth looking into based on the facts you set forth in your inquiry.
Best of luck,
Cindy S. Vova
Law Offices of Cindy S. Vova, P.A.
Plantation/Boca Raton
954-316-3496
info@vovalaw.com
Answered on Jul 18th, 2017 at 5:30 AM