If I am currently going to court for a modification of support. being that my ex(cp) x make 12,000 more than I do and she has custody of our 3 kids. are the courts going to give me credit for the over payment of support as credit if the court amt is 622.00 and the state is taking 788.00 along with the insuranc? and how do i go about getting the credit for the day care expenses being that my kids have never been to daycare,but the court awarded her this with ONE receipt? this is going back to 2000 to current and yes i have proof that they never been. because they have always told me they have a key to let themselves in when she gets off at 4:00pm everyday.will the courts go back to this time frame being that i have the proof? please help a deseparate father for help :(
1 Answer from Attorneys
Modifications of support tend to be retroactive to the date of judicial demand (the day you filed for the reduction).
I suggest that you file regarding the lack of daycare as this might be treated as an overpayment, and possibly as fraud. You might even get a contempt order and attorney's fees out of that.