Legal Question in Family Law in New York
Child Support
I recently found my father and I was wondering if me or my mom is entitled to 18 years of missed child support. He also never knew of my existence.
3 Answers from Attorneys
Re: Child Support
No, child support under the circumstances which you've described could not be established and enforced retroactively.
Re: Child Support
No. Neither child nor mother is entitled to assessment of a "retroactive" child support order.
However, in NY child support obligations continue to age 21, (not 18 or 19), unless the child is otherwise emancipated; and not entitled to any current "child support."
Therefore, if you file your orignial Paternity and Child Support Petition, in NY, seeking NY's "exclusive" jurisdiction over these issues, you may obtain assistance (child support) for your college or training school attendance, to age 21.
Of course, if you have started your own family, ie., child, husband/livein boyfriend, the NY Court, will probably find that you are emancipated.
In either case, carefully consider the pros & cons of antagonistically interjecting yourself into a strangers' life, although you may be related to that strange by blood ties.
Good luck,
Re: Child Support
I'm afraid she is not. Child support is only due as long as the child is under the age of 18 or 19 if in high school.
There is no right to retroactive statutory child support. I'm very sorry.
Good luck.