Legal Question in Family Law in New York
child support modification
The custodial parent after learning that the non custodial parent got a new job went to the non cust parents, employer and garnished wages according to the previous order and job. However, what the cust parent must of recently realized was that the non cust parent 's new job was 25%more than the old. Does the non cust parent have to pay back the since their new employment the 25% difference? The cust parent has filed with the court for an increase due to non cust parent wage increase. The non cust parent also has a business on the side that they do file taxes for will that be included in the 17% child support order? The summons indicated that the non cust parent bring in bank statements, pay stubs, business stubs and any assests.Is all that info nec?
1 Answer from Attorneys
Re: child support modification
Probably Not.
Support arrears generally are incurred for the failure to pay an existing Court Ordered sum or obligation.
Therefore, unless the non custodial parent had an affirmative obligation to report the wage increase, which he/she failed to do, the non custodial parent cannot be charged arrears on account of support that might have been ordered to be paid, upon a change in income.
Yes. The financial information and documents indicated as requested, are all considered necessary for determiniation of your child support obligation and are all subject to review, unless "priviledged."
(Please be advised, that failure to produce sufficient information, and proofs, could result in the Court "attributing" income and assets to the payor parent, that they actually do not have. But, upon which a child support order could be made.) The Court can based its decision on a custodial parent's mere elocution that the other parent has a lifestyle that indicates that the parent has money or assets not disclosed.
Please note, a child is considered entitled to share in the lifestyle and all of the assets and benefits a parent may be able to provide.
Good luck,
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