Legal Question in Family Law in New York

child support for the past 2 years

Q1.

The father of the child and I had a verbal agreement since June 2000 that he is paying 400$. Before he wasn't paying at all telling me that he doesn't work. When I filed the petition on Jan 4 2002 I found out that he has been working since March 2000 and has been making 50000$ a year. This means that he was supposed to pay 800$ and not 400$. the reason I filled the petition is because he was usually trying to cheat even with this payments. He lives in CA and I live in NY

Do I have a chance to get money starting not Jan4, but going back at least 1 year?

Q2.I stopped talking to his parents who live in NJ as soon as I found out that they 've been lying to me for the past years. They want to fight for the visitation rights

I don't trust them with my child. I have a feeling that they only fight for visitation because they want their son to pay as less as he can win. What should I do?


Asked on 4/30/02, 1:17 pm

1 Answer from Attorneys
Amy L. Finch, 845-362-0387 Amy L. Finch, Attorney and Counselor at Law

Re: child support for the past 2 years

Generally, awards are back dated only to the date the petition was filed. You can ask the judge to back date it further, based on the father's deception, but I don't know it would be done.

The grandparents can file for visitation. You will have to deal with that once the petition is filed. In that case, you will need to get an attorney. Even if they get visitation, it will not reduce the father's support obligation.

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Answered on 5/01/02, 8:41 am


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