Legal Question in Family Law in New York
unethical
i am being charged back child support of 1500.00.feel i only owe 400.00 since child started school this september.due to the fact i had him half the time or more till he started school.wat do i do.if have to pay all that ordered am i due at least part of the money bak in a law suit to the mother.due to the fact i covered all he needed part of the time same as she did.feel if i am charged it is unfair and unjust
2 Answers from Attorneys
Re: unethical
I would imagine that there is a court order of support. If that is the case then arrears is determined by the amount you sent to OCSE not by your child's mother. Arrears is rarely adjusted by the court. If, however, it is a miscalculation by that office then you take that up with them.
Re: unethical
Unless and until you go back to Family Court and petition for a "modification of child support" due to change of circumstances (started school, etc.) you will be liable for the full amount including arrears.