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?
Family Law Attorney
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.
Divorce / Separation Lawyer
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.
Marriage / Prenuptials Lawyer
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