§ 15-5-16.2.4 - Retroactive modification of child support.
SECTION 15-5-16.2.4
§ 15-5-16.2.4 Retroactive modification ofchild support. – Notwithstanding the provisions of § 15-5-16.2, the court, in itsdiscretion, may modify a child support order retroactively only to the datethat notice of a petition to modify was given to the adverse party if it findsthat a substantial change in circumstances has occurred. The court shall setforth in its decision the specific findings of fact which show a substantialchange in circumstances and upon which findings of fact the court has decidedto make its order of modification retroactive. The court, in its discretion,may for good cause shown suspend payment of child support arrearages untilthere is a finding by the court of financial ability to make payment onarrearages; provided, that incarceration for nonpayment of child support shallnot constitute good cause to suspend payment of child support or child supportarrearages.