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

Asked in Newtown, PA - 9 months

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?

Attorney Answers (2)

Joseph Andres Guillama

Wyomissing Family Law Attorney

Licensed in PA

2

0

Answered 9 months ago. 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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Charles Anthony Rick

Reading Family Law Attorney

Licensed in PA

1

0

Answered 9 months ago. 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

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