Saturday, April 12, 2014

Retroacting child support back a year?

Q: . Can a judge retroact back a year? She saying she can not reimburse me back a year of my daughter not living there cause i did not file court paper but i just found out recently my daughter was not living at her mom. She also stated my letter from the ex boyfriend was just a he/she said letter.

Don't you think that proof and evidence that my daughter was living at boyfriends and not moms house. I had them notarized the letter too. Also the judge state that my daughter could be living at boyfriends house 95% of time and 5% at moms and she could still collect child support is that true?

So the judge is still making me pay child support. Can you help me figure out what i would be paying in child support

A:  David's Answer: If the child is not living with you, then the issue is NOT one of termination of child support. The most you can get accomplished under such circumstances is a change-of-payee. In other words, if your contention is that the child is really living at the grandmother's house, then the most you can accomplish is to have payments go to the grandmother & not the father. If you object to where the child's living, then you'll need to file a custody modification petition. Schedule a consult with a Child Support lawyer in your area.  -- David Bliven, Westchester Child Support attorney (

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