QUESTION

Can a judge in NY impose a retroactive increase in child support if I have been paying the court ordered amount

Asked on Jun 22nd, 2013 on Child Support - New York
More details to this question:
I have been paying the court ordered amount for 22 months. I am now making more money. Can the NY judge order a retroactive increase back to the start of my new job?
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1 ANSWER

Family Law Attorney serving New York, NY
2 Awards
If your original court order was brought by the other parent, and they are not on public assistance, then any increase in your child support is retroactive only to the date that they file for upward modification, if they decide to do so.  The custodial parent for a child support order can file for upward modification only if your income goes up by 15% or if three years has passed since the date of the original order.  Then, you will only owe retroactive support back to the date that they file for that upward modification.  
Answered on Jun 22nd, 2013 at 5:10 PM

Seth D. Schraier, Esq. Law Office of Seth Schraier 3647 Broadway Suite 4G New York, New York 10031 Cell: (914) 907-8632 www.SchraierLaw.com

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