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    JudyKayTee's Avatar
    JudyKayTee Posts: 46,503, Reputation: 4600
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    #1

    Jun 13, 2010, 03:02 PM
    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!
    cdad's Avatar
    cdad Posts: 12,700, Reputation: 1438
    Internet Research Expert
    		  
    #2

    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
    cdad's Avatar
    cdad Posts: 12,700, Reputation: 1438
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    #3

    Jun 13, 2010, 03:16 PM

    Here is a plain english summary for retroactive supprot.

    Ref:

    Divorce Law Summaries New York marriage tips
    JudyKayTee's Avatar
    JudyKayTee Posts: 46,503, Reputation: 4600
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    #4

    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's Avatar
    GV70 Posts: 2,918, Reputation: 283
    Family Law Expert
    		  
    #5

    Jun 16, 2010, 10:25 AM
    Quote Originally Posted by JudyKayTee View Post
    I am POSITIVE the Judge made an error, !
    No way!;)
    The American judges are never wrong!:p
    JudyKayTee's Avatar
    JudyKayTee Posts: 46,503, Reputation: 4600
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    #6

    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.
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