should he pay more if pay increase increase in income ?after CS

[mommy crying]

What is the name of your state (only U.S. law)? New Mexico
Well, my ex managed to get his CS payments reduced by lying to the judge.

Is there anyway that my ex can be forced to pay back after a child support has been agreed upon and months later he gets a raise in his income and that raise in income was not factored into the old child support previously agreed on ? can i demand that he pay me for the months that he had the increase in wages that were not recalculated after the raise ?

 

[ecmst12]

CS is not automatically recalculated after a raise. You have to file for a modification to have it recalculated, otherwise the amount remains the same.

 

[mommy crying]

in my situation, he had a raise in past after we settled and it was not modified. Can i claim for those months that the modification was not made ?

 

[stealth2]

in my situation, he had a raise in past after we settled and it was not modified. Can i claim for those months that the modification was not made ?

You can get ONLY what is ordered. You don't get to demand more. You don't get to tell him how much to pay you. That's not your job. If you feel that his income has increased enough (why yes, there is usually a thresh-hold), then you need to file for a modification. Which will likely only be retroactive to your filing date. NOT back to whenever.

 

[ecmst12]

No, you can't go file for a modification based on something that no longer exists (dad's higher income).

 

[nextwife]

The good news is that his CS would not automatically DECREASE, either, if his hours/income were CUT. He would not owe you LESS even if he were earning less, until modified.