In the State of New York, you can only seek past child support if there is an existing Court Order or signed support agreement (e.g. separation agreement) currently in effect. If there is no such Order or agreement, then you need to file a petition in Family Court and get an Order of Support. Unfortunately, absent an Order of Support, you cannot make a claim for arrears due based on the non custodial parent's failure to support the child. I recommend hiring an attorney to file your petition.
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Only of there was a prior order or agreement. If there is then you can file a violation
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The general rule is no absent a court order or agreement. However, if there were specific debts incurred which are still outstanding, those debts may be claimed as "marital debts" such that he would be obligated to pay his share of. I suggest that you contact me for a free initial consultation - my number is 914-468-0968.
If you have a child support order, then absolutely you can seek enforcement! Unfortunately, if you do not have an order, you must get one immediately because you will only be entitled to child support from the time you first filed for the order. I suggest you consult with a local attorney to be sure of your situation as sometimes an overlooked fact can change the outcome. You can find local attorneys by searching among the profiles here on Avvo. Good luck!
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