Legal Question in Family Law in New York
A final order of child support was issued last year for my son. I've recently found out that my son's father is working on commission and also has a second job. The support order was based on his base salary from his initial job. In addition to the basic child support that was calculated, he is also in arrears for about $10,000,.
My question is, can I go back to court for an upward modification for support in lieu of the fact that he is making much more money (because of the commission salary from his initial job and second job)? Would it likely be granted?
Thank You.
1 Answer from Attorneys
Yes. You would file a petition to amend the prior order on the basis that the father gave false information to the Court. However, you better make sure that your information - that the father had a second job and was also receiving commission - is correct.
Mike.
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