Saturday, November 16, 2013

Is father financially liable if he grossly underrepresented his income for child support?

Q: This question is regarding a 2009 child support order, and a 2010 order upon support for an educational trust. I found out that the child's father grossly under-reported his income to the court. Instead of earning $150,000 a year, he actually earns $750,000. The child was entitled to share in her father's wealth and standard of living, and was deprived of it due to his lie. I have copies of pay stubs over a three month period to prove it. It is also on documents from another court (he is not aware that I have these documents in my possession, or that I am aware of his true income). Is the child entitled to back child support for what the amount "would have been" had his true income been taken into consideration in 2009 and 2010? How do I proceed?

A: It is doubtful, but one would need to know in what manner did he misrepresent his income. Did he produce tax returns & W-2's & those were fraudulent? Or did he just orally state what his income was? If there is so much money at stake, you should definitely retain a lawyer to assist you with the case.  -- David Bliven, Westchester Child Support attorney (

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