It is my understanding that you can file to ammend the child support at anytime. I had a situation where the I owned a small business and the courts took the net income of my company and used it to calculate my Child support. Upon review of Indiana Child support guidelines however I discovered that what they had done was illegal and filed to modify. Although it took almost 5 years to get it straightened out and my child support adjusted (this is not typical...I was filing for bankruptcy with my business, and had some major financial problems). The courts however did not make the change retroactive...even though they had broken their own child support laws, which puts me behind almost 5 years in Child support and coming very close to a class c felony due to the amount of the child support the courts originally ordered me to pay.
My advice is to find and review in detail the child support guidelines for your state and what they say in regards to your situation and file to modify ASAP. It is almost unheard of for a court to make any changes to child support retroactive unless it is an increase, and the longer you wait the bigger and bigger that arrears is going to get. Trust me I found out the hardway.
My advice is to find and review in detail the child support guidelines for your state and what they say in regards to your situation and file to modify ASAP. It is almost unheard of for a court to make any changes to child support retroactive unless it is an increase, and the longer you wait the bigger and bigger that arrears is going to get. Trust me I found out the hardway.