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 (www.blivenlaw.net)
I am a former Family Court prosecutor and handle all divorce and family law matters, including contested and uncontested divorces, child custody/visitation, child support/paternity, adoptions, family offense (orders of protection), child abuse/neglect and juvenile delinquency. I practice primarily in Westchester (White Plains and vicinity) and the Bronx (Riverdale and vicinity). My website can be found at www.blivenlaw.net.
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