How do I get an upward modification of child support if NCP is working overseas and I haven't known his location in over a year.

Asked 10 months ago - New York, NY

NCP left the country over a year ago and has not paid child support. The child support agreement is that it would increase for cost of living every two years and increase if there was in increase in his salary. I have no access to his salary information now and if and when I do is anything retroactive?

Attorney answers (4)

  1. Jayson Lutzky

    Pro

    Contributor Level 20

    2

    Lawyers agree

    Answered . Use the last known address to serve him. File an enforcement proceeding seeking child support, finding of willfulness, incarceration, money judgment, legal fees and interest. If you want an upward modification, then file a petition for it.

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  2. Bruce Provda

    Pro

    Contributor Level 13

    2

    Lawyers agree

    Answered . If he is in the military contact his commanding officer. If, however, he is employed overseas and not in the military, then you would be wise to consult an attorney as different countries have different rules for service of process and some don't recognize US courts at all.

  3. Peter Christopher Lomtevas

    Pro

    Contributor Level 20

    1

    Lawyer agrees

    Answered . Search for him. Hire an international private investigator.

    Good luck.

  4. David Ivan Bliven

    Pro

    Contributor Level 19

    Answered . As long as the "child Support agreement" was reduced to a court order, then there's no need to re-establish jurisdiction. You would need to petition for upward modification after the 2 years, and then hire a private investigator to locate him.

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