What to do if my ex-husband said that he submitted a request to have his child support reduced by $250 per month based on a change to his income?

He also stated that he was told that the decision would retroactive to the date of filing so he will be starting the lower payments effective immediately rather than waiting for the request to be addressed. Does he have the right to do this?

Asked on December 4, 2012 under Family Law, West Virginia


FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

Whether or not yout "ex's" request will be granted ultimately rests with the court hearing the petition after review of all the documents filed. Ordinarily the court can make the decision on the request retroactive as of the date of the request's filing assuming there is a basis for such.

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