Retroactive child support?

Retroactive child support?

Postby connie52 » Sun May 01, 2011 3:01 am

My son is 15 years old and we live in New York. His father pays some money for child support but nowhere near the 17% of income before taxes that the NY law says. I never took him to court although I repeatedly asked for 17% over the years. Now I've had it and am going to court to get what the law says I should get.

Question - can I sue for past child support given that no previous court order exist, only records of his payments (bank statements) over the years?

Thanks.
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Retroactive child support?

Postby ioseph54 » Sun May 01, 2011 3:05 am

No, you can not....you are only entitled to any support not payed to you AFTER the support order was put into place by the Family Court.

Been thru a divorce, child support & custody issues via NY state.
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Retroactive child support?

Postby seosaph80 » Sun May 01, 2011 3:06 am

If this was from a divorce decree, and support payments were monitored through the courts, they would have a record of what he sent each time. They could then do something. Otherwise, unless you had copies of the checks or money orders for each payment, then you can do very little.
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Retroactive child support?

Postby nixkamich » Sun May 01, 2011 3:07 am

If this was from a divorce decree, and support payments were monitored through the courts, they would have a record of what he sent each time. They could then do something. Otherwise, unless you had copies of the checks or money orders for each payment, then you can do very little.
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Retroactive child support?

Postby wulfweardsweorth » Sun May 01, 2011 3:11 am

No, but you can ask from the date you FILED, since sometimes people postpone things and can takes months to be put into place...so ask that it is retroed from the date you filed. If you did not go yet, put that in the papers and also ask the state take over case. They will garnish for you and send it direct deposit into your account. They will collect for you.
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Retroactive child support?

Postby erland29 » Sun May 01, 2011 3:12 am

No, but you can ask from the date you FILED, since sometimes people postpone things and can takes months to be put into place...so ask that it is retroed from the date you filed. If you did not go yet, put that in the papers and also ask the state take over case. They will garnish for you and send it direct deposit into your account. They will collect for you.
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Retroactive child support?

Postby eugenio » Sun May 01, 2011 3:13 am

No, but you can ask from the date you FILED, since sometimes people postpone things and can takes months to be put into place...so ask that it is retroed from the date you filed. If you did not go yet, put that in the papers and also ask the state take over case. They will garnish for you and send it direct deposit into your account. They will collect for you.
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Retroactive child support?

Postby doughall » Sun May 01, 2011 3:14 am

You can try but I would not count on getting it (back support that is). It will likely only date back to the date you file because you waited so long.


Also it is not 17% of gross income, it is 17% after FICA and state/local taxes. Also if he carries the child for medical, that would be accounted for also.
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Retroactive child support?

Postby tearly » Sun May 01, 2011 3:15 am

I believe you can submit all the documentation, including the date he left & the date he began payments. Also, it won't look good for him that he didn't pay the law's 17% unless he has a very good documented reason for this (ie unemployment, etc). Present all you have or can get & include in your lawsuit. If he can afford it, I do believe there is good chance to be reimbursed for what he's shorted you, again, unless there was good reason for his choice not to. Good Luck to You!!! The children deserve a good life!!!
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