Saturday, March 29, 2014

My sons father is self employed I can prove he has hidden his income. What can be done to make him pay?

Q:  I am fairly confident I can prove for over 10 years this has been going on. If i can prove it what can the court do to make him pay for all those years he claimed income of $12,000? Can they impose some type of penalty that would punish him for falsifying documents as well as make him pay? I have already done all the subpoenas but not sure what to ask for on the petition for a modification. I want to hire a lawyer at some point but can't afford it for the whole thing. I have been building my case but haven't filed as of yet. I also want to ask for legal fees of course.

A:  David's Answer:  Your implied question is whether you can get the support retroactive for the 12 years - you cannot. By statute, you may only get child support going forward. Implicitly, the law says you conceivably had the ability to discover his "true" income at the time, but did not employ those efforts at that time. You should indeed schedule a consultation with a Rockland/Westchester Child Support attorney for a full assessment.   -- David Bliven, Westchester Child Support attorney (

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