Saturday, March 15, 2014

I initially filed petition for child support in 2003. The NCP could not be served because he moved and I did not know his addre

Q:  I did not know his address. The case remained opened until child services located him in July 2008. the NCP was served and court date was in March 2009. The magistrate's child support order for $65 was ordered from July 2008. Now my question is . Did the magistrate's child support order commenced as of July 2008 because that's when the NCP was served? What about the previous five years? Is the NCP not liable because he was not served until 2008? Is there anything I can do now for 2003 to 2008. He was not served simply be cause I did not have an address . I could not locate the NCP but that was not my fault.

A:  David's Answer:  At this point, it depends on what the order states. If you had wanted retro back to the original filing date, you would've needed to have requested same at the time of the '09 hearing. If you did not do so & the order does not provide for same, you are most likely precluded from re-litigating the issue 5 years after-the-fact. That said, you can always try filing a motion to renew/reargue the original order - it is discretionary with the Magistrate to either accept it for filing or not (usually such applications must be filed within 30 days of the original order). Schedule a consult with a Child Support lawyer in your area.  -- David Bliven, Westchester Child Support attorney (

No comments:

Post a Comment