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Originally Posted by jr'smommy  .Now at who's discretion is that? |
Judge's
But you cannot get retroactive child support unless you ask for it.
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Originally Posted by jr'smommy i am in fact eligible for back support? |
A little clarification-you are not eligible for back child support. You may be eligible for retroactive child support.
Back child support refers to
ordered but unpaid child support.
P.S. I know some cases where the claims for back child support were dismissed without prejudice because the correct legal term was "retroactive".
NY-Domestic Relations Law 240 DRL 240: Custody and child support; orders of protection.
1(j) The order shall be effective as of the date of the application therefor, and any retroactive amount of child support due shall be support arrears/past due support and shall, except as provided for herein, be paid in one lump sum or periodic sums, as the court shall direct, taking into account any amount of temporary support which has been paid. In addition, such retroactive child support shall be enforceable in any manner provided by law including, but not limited to, an execution for support enforcement pursuant to subdivision (b) of section fifty-two hundred forty-one of the civil practice law and rules. When a child receiving support is a public assistance recipient, or the order of support is being enforced or is to be enforced pursuant to section one hundred eleven-g of the social services law, the court shall establish the amount of retroactive child support and notify the parties that such amount shall be enforced by the support collection unit pursuant to an execution for support enforcement as provided for in subdivision