Skip to main content

Can I open a case in court for child support collected from me in 2011?

Brooklyn, NY |

I was unemployed for close to a year and that is what caused me to have arrears....Can I open a case in court to collect that money back from the previous custodial parent?

Attorney Answers 3

Posted

Child support is retroactive to the date of filing. If you didn't file a modification petition at the time that you became unemployed, you can't get a refund retroactively. If your still unemployed, then file a modification petition seeking to reduce your child support obligation.

Mark as helpful

1 found this helpful

2 lawyers agree

4 comments

Asker

Posted

I filed one but couldn't get her served b/c I didn't where the custodial parent was living...thus the case wasn't heard or modified.

Maria C. Tebano

Maria C. Tebano

Posted

...and you know where she lives now?

Asker

Posted

Now I do...she is out of state and I now have custody. Can this case be re-opened? If so what are my changes of getting it back?

Maria C. Tebano

Maria C. Tebano

Posted

No, the presumption is that the funds were used to support the children. It was your obligation to have her personally served, if the paperwork the court sent did not get to her. Unfortunately you are stuck. Are you now receiving support? If not, file a support petition.

Posted

Your only remedy was to seek a modification of support at the time of your unemployment. Even if you do move to modify the support obligation now, it would not be reduced retroactively.

The above answer is intended for informational purposes and is not legal advice. It does not constitute the creation of an attorney-client relationship.

Mark as helpful

1 found this helpful

3 lawyers agree

Posted

Child Support paid previously is non refundable. You can sue the recipient directly. The chances of winning are pretty small however.

I am an attorney with over a decade of experience in Matrimonial and Family Law with offices in Brooklyn and Manhattan. I have experience in all five boroughs as well is Nassau and Suffolk County. The opinion expressed in this ad based upon the limited information provided and do not indicate an attorney-client relationship

Mark as helpful

1 lawyer agrees

Employment topics

Top tips from attorneys

What others are asking

Can't find what you're looking for?

Post a free question on our public forum.

Ask a Question

- or -

Search for lawyers by reviews and ratings.

Find a Lawyer

Browse all legal topics