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-   -   Retroactive child support in NY (https://www.askmehelpdesk.com/showthread.php?t=479259)

  • Jun 13, 2010, 03:02 PM
    JudyKayTee
    Retroactive child support in NY
    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!
  • Jun 13, 2010, 03:13 PM
    cdad

    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
  • Jun 13, 2010, 03:16 PM
    cdad

    Here is a plain english summary for retroactive supprot.

    Ref:

    Divorce Law Summaries New York marriage tips
  • Jun 16, 2010, 07:33 AM
    JudyKayTee

    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!
  • Jun 16, 2010, 10:25 AM
    GV70
    Quote:

    Originally Posted by JudyKayTee View Post
    I am POSITIVE the Judge made an error, !

    No way!;)
    The American judges are never wrong!:p
  • Jun 16, 2010, 02:38 PM
    JudyKayTee

    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.

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