Q: I have been paying support for 16 years. Was petitioned in 10/12, court date 12/12 custodial parent did not show up. New court date in 4/13 custodial parent attends with out paperwork. Finally appeared on 9/13 and I am in arrears for over $10K. Shouldn't the arrears be calculated from the date parent finally came prepared for court?
A: No, because the arrears flowed from the date of the prior order. If you mean retroactive support (not technically arrears), then answer is also no, as the Magistrate would have (implicitly) determined that was the proper amount you should have been paying all along. -- David Bliven, Westchester Child Support attorney (www.blivenlaw.net)
David Bliven is a former Family Court prosecutor who handles the full range of Divorce and Family Law cases, including child support and paternity matters. He practices primarily in Westchester (White Plains and vicinity) and the Bronx (Riverdale and vicinity). His website can be found at www.blivenlaw.net.
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