We never went before a judge. This was all settled out of court and he is gone now so I don't think I could retro that back in a year when he returns. The less I have to deal with them the better. I know that's not a good attitude to have but it becomes nothing but drama over every little thing. The child support modification has been dragging on since June 2010.You should still be asking your judge to order your ex to pay your excess legal expenses.