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JudyKayTee
Jun 13, 2010, 03:02 PM
I'm on vacation (as some of you know) and on a hotel computer - I have very limited time on this computer to do research.

I need to know - if possible, by Tuesday - what the Section of law and wording are concerning child support being retroactive to the mother filing and proving paternity in NY.

Exact question - paternity testing done, mother files for support from father, Court awards from hearing date, not from filing date (9 weeks earlier).

I need to know what my legal argument is -

Need your great research skills, comrades!

cdad
Jun 13, 2010, 03:13 PM
There are 2 sections of law that apply to retroactive support in New York. Superior court law and family court law. Here is a site with both plus cases that have been filed.

Ref:

Child Support Standards Act in New York DRL 240 FCA 413 (http://www.jdbar.com/Articles/basic-child-support.html)

cdad
Jun 13, 2010, 03:16 PM
Here is a plain english summary for retroactive supprot.

Ref:

Divorce Law Summaries New York marriage tips (http://marriagediary.net/divorce-law-summaries-new-york.html/)

JudyKayTee
Jun 16, 2010, 07:33 AM
Thanks Califdad - hearing is this afternoon. This is a member of my extended family, I was at the first hearing, I am POSITIVE the Judge made an error, I'm testifying - you saved my bacon!

GV70
Jun 16, 2010, 10:25 AM
I am POSITIVE the Judge made an error, !
No way!;)
The American judges are never wrong!:p

JudyKayTee
Jun 16, 2010, 02:38 PM
I don't believe this and if I hadn't been there I wouldn't believe it if someone posted it BUT the Judge ruled that unless the request is made at the initial hearing retroactive support cannot be ordered - NY Law aside.

So now it's time to order a transcript of BOTH hearings.

Shaking my head.