Question:
I filed a motion to modify my child support payments a few weeks ago. The status hearing is set for a couple months from now meaning I will continue to pay this high amount of child support during this waiting period.
If the judge agrees to lower my child support payments, will the modification be made retroactive to the date I filed my motion?
Answer:
In the state I practice in (Missouri), a modification of child support may be made retroactive to the date that the motion to modify was filed. In your case, you have been paying support at a higher rate and wish for your payments to be modified to a much lower rate.
If the judge agrees with you and accepts the modified amount, you may be able to offset the amount that you have already paid to your ex-wife as a credit towards your support payments.
Please understand that my opinions are based upon the limited facts that you provided to me. For a more in depth discussion of your legal rights, I urge you to contact an Attorney immediately.
Cordell & Cordell has well qualified and experienced men’s divorce lawyers nationwide if you require additional legal assistance.
Michelle Hughes is an Associate Attorney in the Jefferson County, Missouri office of Cordell & Cordell where she practices domestic relations exclusively. Ms. Hughes is licensed in the states of Missouri and Illinois, and the United States District Court for the Eastern District of Missouri. A native to metro St. Louis, Ms. Hughes received her BBA in Economics and Finances from McKendree College. She later received her Juris Doctor from Thomas Cooley Law School where she graduated cum laude.
