Child support can only be modified back to the date of filing the motion requesting a change in child support. This is true even if the circumstances are such that the court would agree to the change on an earlier date. In Bessinger v Klich, App. Div., 20-2-9096 decided 8/10, the defendant went on social security disability in June 2005, which created a substantial decrease in his income. He did not file for support modification until 10/6/08, and, as such, the reduction of his child support obligation could only begin on 10/6/08. Thus, as soon as a change in circumstances is clear, the party in question must file a motion for a change.
Gabrielle L. Strich, Esq.
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