Legal Question in Family Law in New York

CONTEXT/info:

My wife filed for Child Support (we have a 13 year-old son) in local Westchster Family Court months after evicting me via an Order of Protection several months earlier. By previous arrangement, she has Custody, but has yet to file for divorce..

I am on Social Security Disability (receiving approximately $1530 a month) have NO SAVINGS-, AND have been living out of my car for the vast majority of the last 6 months.

**************************************************************************************************

Moreover, my wife has refused to cooperate with a Family Court- ordered mandate deadline (9/11) for her intake into my chosen Supervised Visitation agency DESPITE the fact that my son's Law Guardian clearly and directly spoke for UNsupervised visitatrion in the last OOProtection hearing.

(AT LEAST, I was granted phone conversations with my son as a result) I had originally been granted visitation even before the assignment of court-appointed lawyers in thatr case)

*************************************************************************************************

Finally, MY QUESTION is:

How can I contest the/any degree of retroactivity in my upcoming hearing given

this overall context/info, realizing that OOP cases are by and large kept separate?

I am wiliing to pay minimum 17%/mo. after decision, but not so far back given financial (and other) circumstances...l


Asked on 9/21/09, 7:57 pm

1 Answer from Attorneys
Joel Salinger Law Office of Joel R. Salinger

Unless extreme hardship can be demonstrated child support is set back to the date of the filing of the petition and this is usually not in the discretion of the support magistrate but by statute.

Read more
Answered on 9/28/09, 12:42 pm


Related Questions & Answers

More Family Law, Divorce, Child Custody and Adoption questions and answers in New York