QUESTION

What can I do to get back child support reduced for the years my son lived with me?

Asked on Feb 20th, 2017 on Child Support - New York
More details to this question:
Is there an y way I can have back child support modified for the years my son lived with me? My son lived with me about 8 years and went to school in New York and Atlanta, GA I never reported the change in custody and his mother continued to get the child support. It has been over 10 years now. She is suing for $18,000. Of arrears. Is it to late to do something about this?
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1 ANSWER

Civil Rights Law Attorney serving Rockville Centre, NY
1 Award
I assume you have a written child custody/support agreement (either separate or part of your divorce agreement). You can file a counter-claim or counter-petition not only to recoup the overpayment of child support during the years your son lived with you, but you might even be able to get child support arrears from HER if you can prove your child lived with you and that you supported him during those years. If your ex was unwilling to care for your son, you can also file a petition for violation of the custody agreement  for the years your son was supposed to be living with her, as long as you did nothing to alienate your son from his mother, or discourage him from seeing her, or withhold him from her.  
Answered on Feb 20th, 2017 at 11:13 AM

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