Note: The DearEsq free 'ask a lawyer' site is offered as a free informational service to the public and is not intended as legal advice. Laws vary from state-to-state, and in addition every situation is unique, and relevant facts may not be known. The answer to the question posed below may not apply to in your state or to your situation. For legal advice in your state and your situation you should consult with an attorney in your state who is familiar with the rules and laws in your state.
Can my ex ask for an retroactive increase in child support from five years ago to the present? She has been paid child support weekly for all this time and now wants more money to pay for college and apparently this is her solution. Since she had the chance to increase the support all these years, can she do that?
If circumstances have changed under your state law that would warrant an increase in child support, your ex can petition the court. In regard to an retroactive increase, if there is a state law that permits for this type of action to be filed, then yes she can. Contact a local family law attorney to find out if a modification needs to be made to your child support order.
