If I hire a lawyer to handle my divorce/child support now, will I be entitled to receive back pay from filing 5 yrs. ago?

Asked about 1 year ago - Staten Island, NY

I filed for child support 5 years ago but was told by the custody lawyer representing my sons that because my husband works for cash, I would need to hire a private investigator to prove his employment. The lawyer said its hard to prove and wouldn't be worth it. I didn't have any money during that time to hire a PI so I never went back to court for the child support. If I hire a lawyer to handle my divorce and child support now, will I be entitled to receive back pay child support that was originally filed 5 years ago?

Attorney answers (5)

  1. Jayson Lutzky

    Pro

    Contributor Level 20

    3

    Lawyers agree

    Answered . You spare entitled to child support from the day of filing the petition for child support. If there was a prior order of support, then you are entitled to that amount. If you want to file sn upward modification, then you are entitled to the new amount from the date of filing the modification petition going forward. Take your entire file to a family law attorney to review.

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  2. Louis Lawrence Sternberg

    Pro

    Contributor Level 17

    2

    Lawyers agree

    Answered . I'm assuming that your prior case was dismissed because you never went back to court. Assuming that's the case, you will be entitled to child support retroactive to when you now file for support. It will not be retroactive to 5 years ago.

    It is always advisable to contact an attorney. For a consultation, please contact our office at 516-669-3295.... more
  3. David P. Badanes

    Contributor Level 12

    2

    Lawyers agree

    Answered . I will assume that what you filed 5 years ago was dismissed then you would not be entitled to retroactive child support

  4. Deborah G. Fiss

    Contributor Level 14

    2

    Lawyers agree

    Answered . No. It's from the date of your application in either Family Court or by motion in Supreme Court as part of your divorce.

  5. Marco Caviglia

    Pro

    Contributor Level 19

    1

    Lawyer agrees

    Answered . If you obtained no support order 5 years ago, you are out of luck. You get arrears only if you filed a petition and are awarded support, the arrears dating back to when you filed the successful petition.

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