Child Support Modifications, Retroactive Application, and Self-Supporting Child
Two children, 15 and 19. If a motion to modify child support is filed 6/07, from the Petitioner. How many years would she be allowed to go back? If any, or is it from the time of filing? The petitioner requested 7 years of w2’s to be sent to her personal address? Also, we have a 19 year old who I have requested emancipation for. He failed HS his senior year, should of graduated May of 06, he’s a 5th year senior and is failing classes and attendance of less than a part time student, what is the guidelines? Petitioner does not make 19 accountable for these actions, and can you actual do a parenting plan for a 19 year old who has a job and self-supporting? This case is complicated. Also, the Petitioner only wants to use Fed Tax Income and not her gross, can she do that? Thanks.
It depends on whether or not the parents were married, and certain other facts which will determine whether or not the modification is retroactive to the date of filing or further back. If the parties were never married, and there is no prior support order, then YES the court can order child support retroactive to the date the kids were born. The obligation to pay child support terminates when a child turns 19
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