Can Child Support Be Modified If My Ex Lied About Her Earnings?

Ask a Lawyer


I recently had a hearing to reevaluate child support due to my ex under-reporting her earnings; however, the court took her at her word without her having to produce any sort of documentation.

Is there some way to appeal this ruling and require her to prove her income so I can have my child support lowered?

child support
Pennsylvania divorce attorney Jaimie Collins


In Pennsylvania, there is an option to file a Motion for Reconsideration to have a matter that was previously heard by a judge heard again.

If a Master has heard the case and entered a recommendation, this may be appealed by filing a Request for a De Novo hearing, at which time the case is to be heard from a fresh start.

There are strict time requirements on filing Motions for Reconsideration and Requests for De Novo hearings in this state, so you should consult with a a local attorney to discuss the facts of your case and your state’s approach to child support matters to see if these may be options available to you.

If your matter is rescheduled for a subsequent hearing, it may be an option to serve opposing party with a Notice to Attend and Produce prior to your hearing, which puts her on notice to provide documentation of her earnings to the court.

If she fails to bring documentation with her to the hearing, you may ask the court to draw a negative inference as to her earnings due to her failure to provide documentation.

Remember, I am unable to provide you with anything more than tips on your situation, so please consult a domestic litigation attorney in your area to obtain specific advice as to the laws in your state and how they impact your potential case.

To arrange an initial consultation to discuss divorce rights for men with a Cordell & Cordell attorney, including Pennsylvania divorce lawyer Jaimie Collins, contact Cordell & Cordell.

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