Thursday, March 06, 2008

support - modification - retroactive award - concealment of income

Krebs v. Krebs - Superior Court - March 5, 2008
The trial court should have awarded support for period prior to custodial parent's petition to modify, back to time when non-custodial parent first began to actively conceal the substantial increases in his income.

Under 23 Pa. C.S. sec. 4352(e) - "modification may be applied to an earlier period if the petitioner was precluded from filing a petition for modification by reason of a significant physical or mental disability, misrepresentation of another party or other compelling reason and if the petitioner, when no longer precluded, promptly filed a petition."

Moreover, 23 Pa. C.S. sec. 4353 requires a party to a DR proceeding to report material changes in in her/his circumstances.

The custodial parent had no duty to ask for an earlier review of the support order, without then having any knowledge of the other party's change of circumstances or misrepresentation.