Is father financially liable if he grossly underrepresented his income for child support?

Asked 10 months ago - Orchard Park, NY

This question is regarding a 2009 child support order, and a 2010 order upon support for an educational trust. I found out that the child's father grossly under-reported his income to the court. Instead of earning $150,000 a year, he actually earns $750,000. The child was entitled to share in her father's wealth and standard of living, and was deprived of it due to his lie. I have copies of pay stubs over a three month period to prove it. It is also on documents from another court (he is not aware that I have these documents in my possession, or that I am aware of his true income). Is the child entitled to back child support for what the amount "would have been" had his true income been taken into consideration in 2009 and 2010? How do I proceed?

Attorney answers (3)

  1. Brad S. Margolis

    Contributor Level 10

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    Answered . Good day:

    An upward modification is only retroactive to date of filing. However if you can convince the court he materially concealed his income in past then the court will no doubt be inclines to go back to that date. Many court orders require the paying party to notify court of any change of employment or income. Please check your order. If that is in there then also file a violation petition.

    As we attorneys always say spend the time and money and go see a lawyer in your area.

    Good Luck

    I am not your lawyer and you are not my client. Free advice here is without recourse and any reliance thereupon is... more
  2. Deborah G. Fiss

    Contributor Level 14

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    Answered . File for an upward modification if the child is under 21 and in school full time.

  3. David Ivan Bliven

    Pro

    Contributor Level 20

    Answered . It is doubtful, but one would need to know in what manner did he misrepresent his income. Did he produce tax returns & W-2's & those were fraudulent? Or did he just orally state what his income was? If there is so much money at stake, you should definitely retain a lawyer to assist you with the case.

    * If you found my answer to be "HELPFUL," or the "BEST ANSWER," please feel free to mark it accordingly. www.... more

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