Wednesday, June 11, 2014

Why would a magistrate approve a modification if the respondent has not paid in a few years?

Q:  My child's father owns a real estate company. He has not paid his support in a few years, now he's petitioned for a modification after getting a notice from cse of intent to garnish wages. He then made a $100.00 payment after receiving the notice. While nearly $10,000 in arrears, and hiding his assets, why would a judge agree to a modification?

A:  David's Answer:   A Magistrate may still grant the modification going forward, but cannot modify prior to the date of the petition filing (thus, the arrears would stay). The father would still have an obligation to prove what his income is & thus that he's entitled to a downward modification. Schedule a consult with a Family Law attorney in your area.   -- David Bliven, Westchester Family Law attorney (

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