Can child support be reversed based on fraud?

Asked almost 2 years ago - Brooklyn, NY

I was having support taken out of my check and thought it was an automatic obligation that occurred, recently found out that my ex-husband filed a petition and had his brother sign the affidavit of service pertaining that he served me. A default judgement was entered and I knew nothing of the proceeding. What can I do? I am in front of a support judge to get my support obligation lowered but based on the default judgement I have been paying a higher amount then I was obligated to pay based on my ex's testimony that I earned a high salary. I need to know what can be done to fix all this.

Additional information

I am assuming it was based on a higher salary if the courts weren't presented with any of my documents how do they figure what my obligations are? Based on what?

Attorney answers (3)

  1. Rachel S. Silberstein

    Pro

    Contributor Level 12

    2

    Lawyers agree

    Answered . How long has this order been in place? Were you ever served with the support order? You can hire an attorney and discuss submitting a motion to vacate the default order. Also, if you were never served with the Order, you can argue that the time to file objections has not run out, and you should be able to do this as well. I certainly recommend hiring an attorney to do so for you.

  2. Jayson Lutzky

    Pro

    Contributor Level 20

    1

    Lawyer agrees

    1

    Answered . Make a motion to vacate the default based upon not being served properly. If necessary you can subpoena the person who allegedly served you. Also, they will need to calculate the amount of child support based upon your total income utilizing both your tax return from last year and the most recent pay stubs which includes the year to date amount.

  3. Gerry M. Wendrovsky

    Pro

    Contributor Level 15

    1

    Lawyer agrees

    Answered . It is unlear how the higher number was arrived at; usually, the decision increasing support will state the grounds and also include a copy of the actual calculations of the court. If you are already in front of a support magistrate on your order to show cause, then you need to present your income by way of tax returns and W-2's for the entire period in question. You may also consider engaging an attorney on this application.

    Please be advised that this answer shall not constitute legal advice, or create an attorney-client relationship.

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