Can small claims court be used to receive child support?

[LIG58]

What is the name of your state (only U.S. law)? New York

I'll try to make this short and sweet. In NY, does there have to be a court order to award child support reimbursement and can it be awarded in small claims court? I was told that a small claims court doesn't have jurisdiction. I had custody of my daughter and she moved out for two months to a relatives house. Then came back. Her mother wants to be reimbursed the two months even though there was never a change in custody. Any help, please?

 

[Proserpina]

What is the name of your state (only U.S. law)? New York

I'll try to make this short and sweet. In NY, does there have to be a court order to award child support reimbursement and can it be awarded in small claims court? I was told that a small claims court doesn't have jurisdiction. I had custody of my daughter and she moved out for two months to a relatives house. Then came back. Her mother wants to be reimbursed the two months even though there was never a change in custody. Any help, please?

That's correct.

Small claims court won't hear child support issues.

Mom wants to be reimbursed? Not likely.

 

[BL]

How old is your daughter ?

Mom's theory is that since your daughter wasn't under your roof,care,and control, you should not have been receiving CS for her , rightfully so .

Any changes however need to go through the court for modification .