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Mother argued that Father's failure to disclose his increased income from 2001 to 2005 "constituted a misrepresentation which effectively precluded Mother from realizing she should file a modification petition." "Mother argues the court properly ordered Father to pay retroactive child support prior to the date Mother filed the modification petition, but should have imposed arrearages retroactive to January 1, 2001, when Father began to conceal his income." 23 Pa. The Superior Court affirmed the trial court's order imposing retroactive support arrearages but reversed the trial court's limiting Father's support arrearages to May 21, 2004, and remanded the case with the direction that the trial court impose Father's child support obligation retroactive to Jan.

1, 2001, "when Father first failed to report his significantly increased income." With regard to Mother's remaining three issues on appeal regarding the amount of the monthly arrearage payment ordered by the trial court and whether attorney fees should be awarded at the trial court level and/or the appellate level, the Superior Court directed the trial court to address those issues on remand.

The Court will only make an order for retroactive child support if the custodial parent requests it.This provision is not added on at the discretion of the Court.On May 29, 2007, the trial court added an arrearages payment of 0 per month on top of Father's current support obligation of

The Court will only make an order for retroactive child support if the custodial parent requests it.

This provision is not added on at the discretion of the Court.

On May 29, 2007, the trial court added an arrearages payment of $590 per month on top of Father's current support obligation of $1,910 per month, and confirmed its May 8, 2007, order in all other respects. and the other parties in writing or by personal appearance within seven days of any material change in circumstances relevant to the level of support or the administration of the support order. "An interesting wrinkle lies in Father's argument that the parties' 2001 order did not contain language requiring him to notify anyone of changes to his income, unlike the parties' April 8, 1999, support order, which included 'standard language directing each party to report a change of income to the other party and the Domestic Relations Office within seven days.'" At the support modification conference, Father admitted that he did not report his change in income from 2001 to 2005 to Mother, and "when the hearing officer asked Father if it was correct to say Father 'never notified [Mother] of any income for any one of these years,' and Father responded, 'absolutely.'" Father also argued that he did not report the changes in his income, because he could not determine his exact income due to the monthly fluctuations of his sales commissions.

Therefore, the trial court ordered that the support modification be applied retroactively to May 21, 2004, and that the arrearage payment would be $590 per month as opposed to the conference officer's recommendation that the modification be applied retroactively to Jan. Section 4353(a), "An individual who is a party to a support proceeding shall notify the domestic relations section . "Father conceded, however, that he had received a W-2 form by the end of January for each preceding year." In the hearing officer's recommendation, he indicated that it was clear that Father had knowledge of his income or he would not have filed his own petition to reduce support in 2000 when his wages decreased.

An example of this type of order is a situation where the Court orders that child support needs to be paid from the date of separation, even though the actual order may not have been signed for several weeks or months.

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The Court will only make an order for retroactive child support if the custodial parent requests it.This provision is not added on at the discretion of the Court.On May 29, 2007, the trial court added an arrearages payment of $590 per month on top of Father's current support obligation of $1,910 per month, and confirmed its May 8, 2007, order in all other respects. and the other parties in writing or by personal appearance within seven days of any material change in circumstances relevant to the level of support or the administration of the support order. "An interesting wrinkle lies in Father's argument that the parties' 2001 order did not contain language requiring him to notify anyone of changes to his income, unlike the parties' April 8, 1999, support order, which included 'standard language directing each party to report a change of income to the other party and the Domestic Relations Office within seven days.'" At the support modification conference, Father admitted that he did not report his change in income from 2001 to 2005 to Mother, and "when the hearing officer asked Father if it was correct to say Father 'never notified [Mother] of any income for any one of these years,' and Father responded, 'absolutely.'" Father also argued that he did not report the changes in his income, because he could not determine his exact income due to the monthly fluctuations of his sales commissions.Therefore, the trial court ordered that the support modification be applied retroactively to May 21, 2004, and that the arrearage payment would be $590 per month as opposed to the conference officer's recommendation that the modification be applied retroactively to Jan. Section 4353(a), "An individual who is a party to a support proceeding shall notify the domestic relations section . "Father conceded, however, that he had received a W-2 form by the end of January for each preceding year." In the hearing officer's recommendation, he indicated that it was clear that Father had knowledge of his income or he would not have filed his own petition to reduce support in 2000 when his wages decreased.An example of this type of order is a situation where the Court orders that child support needs to be paid from the date of separation, even though the actual order may not have been signed for several weeks or months.

,910 per month, and confirmed its May 8, 2007, order in all other respects. and the other parties in writing or by personal appearance within seven days of any material change in circumstances relevant to the level of support or the administration of the support order. "An interesting wrinkle lies in Father's argument that the parties' 2001 order did not contain language requiring him to notify anyone of changes to his income, unlike the parties' April 8, 1999, support order, which included 'standard language directing each party to report a change of income to the other party and the Domestic Relations Office within seven days.'" At the support modification conference, Father admitted that he did not report his change in income from 2001 to 2005 to Mother, and "when the hearing officer asked Father if it was correct to say Father 'never notified [Mother] of any income for any one of these years,' and Father responded, 'absolutely.'" Father also argued that he did not report the changes in his income, because he could not determine his exact income due to the monthly fluctuations of his sales commissions.Therefore, the trial court ordered that the support modification be applied retroactively to May 21, 2004, and that the arrearage payment would be 0 per month as opposed to the conference officer's recommendation that the modification be applied retroactively to Jan. Section 4353(a), "An individual who is a party to a support proceeding shall notify the domestic relations section . "Father conceded, however, that he had received a W-2 form by the end of January for each preceding year." In the hearing officer's recommendation, he indicated that it was clear that Father had knowledge of his income or he would not have filed his own petition to reduce support in 2000 when his wages decreased.An example of this type of order is a situation where the Court orders that child support needs to be paid from the date of separation, even though the actual order may not have been signed for several weeks or months.

In the case of parents who are not married at the time of the child's birth, the non-custodial parent may be required to pay support from the day the child was born.

Further, this case is important because it clarifies the issue of whether the automatic three-year review may affect retroactivity, since that issue appears to have not been decided by the Superior Court previously.

This author believes that if a party discovers a change in income of the other party but fails to petition the court promptly, it is less probable that the court will order a support modification retroactive prior to the filing of the modification petition. BERTIN is an associate in the Philadelphia law firm of Obermayer Rebmann Maxwell & Hippel.

For legal advice or answers to specific questions, please contact one of our attorneys.

When lawyers and judges talk about retroactive child support payments, they are referring to payments that the non-custodial parent may be obligated to make, but has not been ordered to yet.

After Mother initially filed a support action in July 1997, the court issued a support order on April 8, 1998, obligating Father to pay Mother child support in the amount of

In the case of parents who are not married at the time of the child's birth, the non-custodial parent may be required to pay support from the day the child was born.Further, this case is important because it clarifies the issue of whether the automatic three-year review may affect retroactivity, since that issue appears to have not been decided by the Superior Court previously.This author believes that if a party discovers a change in income of the other party but fails to petition the court promptly, it is less probable that the court will order a support modification retroactive prior to the filing of the modification petition. BERTIN is an associate in the Philadelphia law firm of Obermayer Rebmann Maxwell & Hippel.For legal advice or answers to specific questions, please contact one of our attorneys.When lawyers and judges talk about retroactive child support payments, they are referring to payments that the non-custodial parent may be obligated to make, but has not been ordered to yet. After Mother initially filed a support action in July 1997, the court issued a support order on April 8, 1998, obligating Father to pay Mother child support in the amount of $1,474.33 per month.

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In the case of parents who are not married at the time of the child's birth, the non-custodial parent may be required to pay support from the day the child was born.

Further, this case is important because it clarifies the issue of whether the automatic three-year review may affect retroactivity, since that issue appears to have not been decided by the Superior Court previously.

This author believes that if a party discovers a change in income of the other party but fails to petition the court promptly, it is less probable that the court will order a support modification retroactive prior to the filing of the modification petition. BERTIN is an associate in the Philadelphia law firm of Obermayer Rebmann Maxwell & Hippel.

For legal advice or answers to specific questions, please contact one of our attorneys.

When lawyers and judges talk about retroactive child support payments, they are referring to payments that the non-custodial parent may be obligated to make, but has not been ordered to yet.

After Mother initially filed a support action in July 1997, the court issued a support order on April 8, 1998, obligating Father to pay Mother child support in the amount of $1,474.33 per month.

,474.33 per month.