Retroactive Child Support Payments
Are you looking to obtain back child support for the time you were separated? Watch this video about retroactive child support payments for the answer.
Can you collect child support payments during the separation?
If you have filed for a reduction in child support because you lost your job or have experienced some other financial calamity, you may not receive a retroactive reduction in child support. Theoretically, child support reductions are effective as of the date that you filed your petition seeking a reduction. However, it is against public policy in New York to clawback or recoup child support funds that have been paid, so we have a little bit of a problem if it takes some time for you to receive an order or a decision stating that your support can be reduced or will be reduced.
What we will generally do, under those circumstances, is ask family court for a temporary order suspending the payment of support or suspending the distribution of support funds by the Support Collection Unit. If the case is one where the court we will win, we have a likelihood of getting that order early on in your case and well before a decision is rendered. If you lose, there’s no harm, no foul to the other party because you will be ordered to retroactively repay those funds, but if you prevail, you will then have been able to recoup the reduction over the period of time that it took to litigate your case.
If your marriage is dissolving and you have children, you may be wondering about retroactive child support payments. Contact our experienced Saratoga child support lawyers at Jean Mahserjian, Esq., PC today to schedule a confidential consultation and case evaluation. Let our experience work for you.
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