Q: There was an existing order for 50%, when she switched to a very expensive childcare. We made a private agreement that I would pay the same amount and she would payer higher difference. She also insisted on cash. I now have custody and to offset her support order she has filed for unreimbursed expenses.
A: David's Answer: Without doing further research on the question, my instinct is to say no. Child Support decrees are generally always enforceable during the minority of the child. There is a legal doctrine called "laches," which basically means if you sit on your rights you eventually lose them. You should (at the least) schedule a consult with a Child Support lawyer in your area. -- 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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