Upward Modification/Child Support do I need proof of non-custodial parent's increased income from new job before going to court?

Q:  It's been less than 3 yrs since last decision. Non-custodial parent's recent job change may be securing him 15% or more in increased earnings. We don't exchange tax info & I do not know for certain; but suspect his earnings have increased with his new job oppty. His childs' needs have also increased. My earnings have not increased. If I seek upward modification & go to court, does my atty need to establish the increase in his earnings before going to court? How is that done? Or can the Judge just inquire about his new earnings in court when we go.? I understand that an upward modification can be asked for if the earnings have increased 15% or more or 3 yrs have passed since last decision.


A: David's Answer:   The proper procedure would be to bring the evidence in with you to court. Thus, when you file the petition, your attorney should immediately subpoena the records from his employer. For a full assessment, schedule a consultation with a Westchester Child Support attorney.  -- David Bliven, Westchester Child Support attorney (www.blivenlaw.net)