Legal Question in Family Law in Alabama
Retroactive modification of support?
My ex lives in Hunstville Al, with my 17 year old daughter. When we divorced (in Alabama court), the court ordered payment of child support and I have been paying, and am not in arrears.
6 months ago, she sent me an email demanding that I pay her $1500.00 dollars towards my daughters braces (which she had put on years ago, at that time she never asked me to help and my divorce does not stipulate that I must provide medical or dental)
I offered to pay her $50.00 a month, and never heard from her again. I haven't seen or spoken to my daughter since she was two as my ex has prevented me from doing so in, violation of our divorce decree.
She states that she realizes that ''I've been getting off easy compared to other fathers in California (where I reside) and that unless I pay her more than the $50 a month that I offered she will take me to court and I will owe 15 years of back medical expenses and any modifications will be retroactive to our divorce 15 years ago.
Can she actually collect retroactive medical and any modifications to our support order retroactively as well?
1 Answer from Attorneys
Re: Retroactive modification of support?
In a short answer, NO. Child support modification will be from the date of filing. If the decree does not state 1/2 of medical expenses or something along that line, then you do not have to pay. Dental is considered part of medical.
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