I live in NV, divorced in CA. Ex is in violation of both child support and alimony order. He has been medically retired from state of ca job...

Question

I live in NV, divorced in CA. Ex is in violation of both child support and alimony order. He has been medically retired from state of ca job and states I should just be patient since he never put in for a wage adjustment one year ago when his wage changed during the retirement process. I make more money now than I did when order was put in place..do I risk getting the full amount of back money owed if I take both orders to the DA to file on him? Would a judge adjust the back rate due to his change in income even though he never filed to get it adjusted? I would prefer to file with the DA just so this is cut and dry instead of waiting on him but he owes me about 7 months in child support and 32 months of alimony.

Answer

Normally, sums owed may NOT be retroactively altered, no matter the changes of circumstances -- if you are owed money, it is collectible, with interest. For background, see:

http://www.willicklawgroup.com/interest_penalties

http://www.willicklawgroup.com/fees_and_costs

http://www.willicklawgroup.com/child_support.