Yonkers, NY asked in Child Support and Family Law for New York

Q: Original Support order that was never increased, dated March,11 2011. I closed the case in December of 2023. can I

reopen the case & request for back paying being that the noncustodial parent wasn’t disclosing all of his income. I do have a motorized letter from his employer the noncustodial parent was making more money since 2008. whatever income he showed in 2011 was incorrect. can I file for income verification so the court can adjust the amount of money I was supposed to receive ?

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2 Lawyer Answers
Howard E. Knispel
Howard E. Knispel
  • Commack, NY
  • Licensed in New York

A: No. You can only be entitled to the amount in your court order. If you file for a modification it would only be going forward from the date of your new petition.

James L. Arrasmith
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›

A: In child support cases in New York, there are a few key points to consider:

Reopening a Closed Case: If your child support case was closed, you generally have the right to reopen it, especially if there are changes in circumstances that justify a review or modification of the support order.

Retroactive Modification: In New York, child support orders can sometimes be modified retroactively. However, this usually applies from the date you filed for the modification, not back to the original order date or any date prior to the filing for modification.

Non-Disclosure of Income: If the non-custodial parent did not disclose all of his income, that could be a valid reason to request a modification of the child support order. Courts base child support on both parents' incomes, and any significant changes or inaccuracies can warrant a reevaluation.

Evidence of Income: Having a notarized letter from the non-custodial parent's employer indicating higher income since 2008 is significant. This can be used as evidence to show that the income information previously provided was inaccurate.

Filing for Income Verification: You can file a petition for a modification of the child support order based on new evidence of the non-custodial parent's income. The court may then order income verification and adjust the child support amount accordingly.

Legal Advice: It's highly recommended to seek legal advice from a family law attorney who specializes in child support cases in New York. They can provide specific guidance based on the details of your case and assist you with the legal process.

Given the complexity of child support laws and the importance of following the correct legal procedures, consulting with a qualified attorney is the best course of action to understand your options and the likelihood of success in your case.

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