QUESTION

Can I ask for retroactive child support for 10 years?

Asked on Aug 15th, 2012 on Child Support - New York
More details to this question:
I originally filed for child support when my child was born, the father knew about the pregnancy and child, and left us. The child support enforcement unit couldn''t locate him. I recently refiled, and they found him, and would like to know if I can ask for the retroactive support for the past 10 years?
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1 ANSWER

Family Law Attorney serving New York, NY
2 Awards
The main question will be what occurred after the first time you filed child support.  If you received a child support order 10 years ago, then that order is still in effect and the father therefore owes arrears going back to the date of the filing of your first petition.  But again, this is if you actually were given an order by the court.  If your case was dismissed, and therefore there was no standing child support order, then you will have a hard time getting a judge to order retroactive child support back to the day of the first petition.   The more likely case, if there is no standing child support order by the court, is that you will only be given retroactive child support going back to the date that you recently refiled for support after the father was located.  
Answered on Aug 17th, 2012 at 11:36 AM

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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