Legal Question in Family Law in New York

Getting child support back after already paid

We had visitation with child. Now, for 5 months we've had joint custody with primary residency with us - but this was temporary for 4 months, the 5th month it became permanent. Child support payments are automatically taken out of paycheck. During this temporary custody, payments were still taken out. We will be going in front of examiner for change of support next month. We were told that we are not going to be reimbursed the payments that we made while ''temporary'' order was on file even though the child lives with us now (for past 5 months with nearest family 200 miles away)which totals over $1000. Only from the ''permanent'' order can we expect to receive our money back. Is this true? We were told that we would have to take the parent to small claims court to get the money. We really don't want to do this so that we can maintain a ''cordial'' relationship but we really could use the money.


Asked on 5/15/04, 1:34 pm

1 Answer from Attorneys
Phroska L. McAlister PHROSKA LEAKE McALISTER

Re: Getting child support back after already paid

Yes it is true you will not be able to recoup the support payments made during the "temporary" period you had the child with you.

YOU had an affirmative obligation to seek relief from the Court, during the period complained of; and the "permanent" custodial parent continued to have an obligation to maintain the home, for the eventual return of the child. It is also likely Small Claims Court will rule similiarly.

You may seek child support from the former custodial parent to assist you in the care of your child. If the parent is unable due insufficient or irregular income, you might consider having the spouse provide an annual amount for clothing, recreation, nursery school, etc., and have the Court Order the other parent to pay for those costs and disbursements directly.

GOOD LUCK,

PHROSKA L. McALISTER,ESQ

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Answered on 5/18/04, 6:55 pm


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