How can you sue for paternity and child support when the child's father is out of the country and you don't have an address
New York, NY
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Posted 11 months ago in Child Support
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Child support when father is out of the country.:
How can you sue for paternity and child support when the child's father is out of the country and you don't have an address? If you get an address years down the line will the courts back date it?
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Answers (1)Deanna L. Siegel
This attorney is licensed in New York.
Posted 11 months ago.
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You should go to your child support collection unit and speak to them about trying assist you in locating him. The fact tht he is out of the country is likely to make it more difficult, but they may be able to assist you. Ask to speak with the interstate person at the SCU as they will more likely understand the process for getting a petition filed against someone who is not living in NY.
The courts in NY will not back date your order. The general rule is that your child support order runs from the time that you file a petition, but in order for the court to start that time period running you will need to have him served so that the court has jurisdiction over him. It is possible, but not likely, that if you can show that he left the jurisdiction to avoid being required to pay support then you might be able to get a Support Magistrate/Judge to order retroactive support, but if that is the case you really should have an experienced attorney to represent you and present your case to the court.
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