Legal Question in Family Law in California

if my ex hid income from me and caused me to pay more in child support, is there precedent that allows me to go back to court and recalculate from 2007 to 2011. In court, yesterday I was able to get my current c/s number modified and the judge recognized that my ex did not report this other business income. Now, i need to know if I am allowed to ask for reconsideration of previous years as well. When I brought it up to the judge, she said, "that is not before this court on todays matter." She didnt say NO, but didn't say YES either.

Asked on 8/22/12, 3:42 pm

2 Answers from Attorneys

Timothy McCormick Haapala, Thompson & Abern, LLP

Yes. Any fraud on the court in support proceedings can be revisited, but you have to file a motion specifically asking for relief.

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Answered on 8/22/12, 4:02 pm

Yes. You would have to file a motion with supporting documentation showing that this income was not reported when it should have been. You should retain counsel to get this done properly.


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Answered on 8/22/12, 8:45 pm

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