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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.

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?

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Attorney answers 4

Posted

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.

If this answer is helpful, then please mark the helpful button. If this is the best answer, then please indicate it. Thanks. For further information you should see an attorney and discuss the matter completely. If you are in the New York City area, then you can reach me during normal business hours at 718 329 9500 or www.mynewyorkcitylawyer.com.

Posted

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.

Posted

Search for him. Hire an international private investigator.

Good luck.

Posted

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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