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CAN I CLAIM BACK CHILD SUPPORT?

Mount Vernon, NY |

I HAVE BEEN SEPARATED WITH MY HUSBAND FOR 9 YEARS. I WANT TO CLAIM CHILD SUPPORT, CAN I BE ABLE TO CLAIM FOR THE PAST 9 YEARS. AND IF SO WHAT IS THE PROCESS.

Attorney Answers 5


  1. Yes, of course. Speak to an attorney and move forward that way. You want to make sure you receive all the money you are entitled to.


  2. In the State of New York, you can only seek past child support if there is an existing Court Order or signed support agreement (e.g. separation agreement) currently in effect. If there is no such Order or agreement, then you need to file a petition in Family Court and get an Order of Support. Unfortunately, absent an Order of Support, you cannot make a claim for arrears due based on the non custodial parent's failure to support the child. I recommend hiring an attorney to file your petition.

    The opinion herein does not constitute legal representation in any way or establish an attorney-client relatioship.


  3. Only of there was a prior order or agreement. If there is then you can file a violation

    The above answer does not constitute an attorney client relationship and/ or retention of counsel. This answer is based upon the facts presented and may change if additional information is provided. The rules of the Bar for New York State may require me to advise that this could be construed as attorney advertisement.


  4. The general rule is no absent a court order or agreement. However, if there were specific debts incurred which are still outstanding, those debts may be claimed as "marital debts" such that he would be obligated to pay his share of. I suggest that you contact me for a free initial consultation - my number is 914-468-0968.


  5. If you have a child support order, then absolutely you can seek enforcement! Unfortunately, if you do not have an order, you must get one immediately because you will only be entitled to child support from the time you first filed for the order. I suggest you consult with a local attorney to be sure of your situation as sometimes an overlooked fact can change the outcome. You can find local attorneys by searching among the profiles here on Avvo. Good luck!

    I hope you found this answer helpful and if so, please let me know by clicking the "Mark as Helpful" button at the bottom of this answer. It’s easy and appreciated.

    Ms. Brown may be reached at 718-878-6886 during regular business hours, or anytime by email at: marykatherinebrown@hotmail.com. All of Ms. Brown’s responses to questions posted on AVVO are intended as general information based upon the facts stated in the question, and are provided for educational purposes of the public, not any specific individual, and her response to the question above is not legal advice and it does not create an attorney-client relationship. Ms. Brown is licensed to practice law in New York. If you would like to obtain specific legal advice about this issue, you must contact an attorney who is licensed to practice law in your state.

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