Legal Question in Family Law in Indiana
I am separated from my ex for which we have two children together. I currently pay child support to her. However, our support order provides me with no overnights, and I am currently having my children 8 of every 14 days (which is more than 50% of the time). Is there any case law in Indiana that would allow me to file for support to be retroactively lowered due to the outstanding number of overnights that I have received? If not, are there any cases where a similar situation has occurred and the court granted it either in a nearby state, or anywhere within the United States?
2 Answers from Attorneys
You can not modify support retroactively, just from the day you file a Motion to Modify forward. Whether other states allow it is not relevant to your situation, and is beyond what you should reasonably expect from this type of forum.
You might be able to argue that there has been a change in custody that is retroactive to the date that they began spending 8/14 ( more than 50% of their time with you). A change in custody is one exception to the prohibition to retroactive application of child support. YOU will need an attorney as this is a creative argument.
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