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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?

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. 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.

    If this answer is helpful, then please mark the helpful button. If this is the best answer, then please indicate it. Thanks. For further information you should see an attorney and discuss the matter completely. If you are in the New York City area, then you can reach me during normal business hours at 718 329 9500 or www.mynewyorkcitylawyer.com.


  2. 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. We are located in West Babylon, NY and proudly offer very low rates and free consultations. For more information, please see our website: <a href="http://www.LouisLSternbergLaw.com">Long Island Divorce Lawyer Louis Sternberg.</a>


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


  4. 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. 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.

    If you found this "helpful" or "best answer," please click it with my appreciation. My response is for educational purposes and does not constitute legal advice nor creates an attorney client relationship which requires all the details and a personal conference.

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