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What happens if someone does not disclose income at a support conference?

Newtown, PA |

About six months ago my ex and I attended a support conference where we signed a support agreement. About a month later I received an email from my ex stating that he started a part time job and how much he earned each month. We went back to court and signed another agreement a couple of months ago. I now believe my ex had this part time job when we were at the first support conference and possibly even a year earlier, but he did not disclose this fact to me so he would pay less support. If I can prove he had this income but did not disclose it at the earlier hearing can I possibly get this additional child support? Or is it too late because I already signed another agreement?

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Posted

Every party to a support order has an affirmative duty to notify the court upon there being a change in income. If you were to file a support complaint/petition with the court, ordinarily, the the obligor's support obligation becomes effective the date of the filing of the petition. Having said that, the law allows the court to modify a support obligation retroactive to the date of the actual change in income, even if this date preceeds the filing of the petition, in the event that you are able to prove that the obligor wilfully failed to notify the court of the change in his/her income. In other words: you have an argument to recoup support owed to you that you did not receive but-for your ex's failure to disclose this additional income, but you should certainly contact an attorney in your area to discuss your options in this regard.

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Posted

Two questions: If he withheld this information at a conference and proof is found would criminal charges also be able to be filed? Secondly--if I failed to take action after I received his notice (that he had another job) and we went to court a year later what retroactive change would he be liable for--just from the time he did not disclose his income until he disclosed it (gave me notice)? Or could I could back from the date I filed to when he started?

Posted

You can certainly request a support modification based on this. The chances of success will be based on whether or not you can show that he had the position before he admitted to having it. That withholding of information could be fraudulent and therefore it could void the most recent agreement

If you found this answer helpful, let me know by clicking the "Mark as Helpful" button at the bottom of this answer. It’s easy and appreciated. This answer does not create an attorney/client relationship and is for informational purposes only. More importantly, the information contained in this answer should not be relied on without first consulting with an attorney who practices in the related area in the related jurisdiction.

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