Legal Question in Family Law in New York
I have been paying child support since my wife and I divorced over 10 years ago. My Son has been staying with me since May 2009. My home is now his legal residence, yet I am still paying child support for a child that lives and is supported by me for more than a year. I do owe arrears and my Federal tax refund was taken. Can the arrears owed be terminated by my overpayment? Am I entitled to a refund of my over payments? Is his mother now liable to pay child support to me since I have the child even though our divorce decree list her as the custodial parent?
1 Answer from Attorneys
You must bring a petition to Family Court immediately for modification of the child support and a petition for custody. Only a court can legally change the support and custody situation. The answer to your question is YES, you owe the arrears and there is no overpayment since the court has not terminated or changed the support obligation. If you want your ex to pay you child support you need an order from the court.