How do I file for child support through my lawyer?

[flashkey]

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

I asked my lawyer if I could claim child support for the past 14 years since my daughter's father has not lived with us since, and my lawyer tells me he at least needs an address or he cannot do anything. I don't know where he is, but I do have a cell phone number (which I suspect is a prepaid phone) so is there any other way I can file?

 

[Proserpina]

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

I asked my lawyer if I could claim child support for the past 14 years since my daughter's father has not lived with us since, and my lawyer tells me he at least needs an address or he cannot do anything. I don't know where he is, but I do have a cell phone number (which I suspect is a prepaid phone) so is there any other way I can file?

What makes you think you can file for 14 years' worth of child support?

If there's already an order in place you can absolutely get that enforced and file for contempt.

But if there's never been an order in place, you're not going to get support going back 14 years.

Either way you need an address for Dad.

 

[Proserpina]

(And here's why)

Under DRL 240 1(j), an award of final child support is retroactive to the date that it was first requested. This date is the date of service of the summons and complaint (or summons with notice) containing the demand for child support. Likewise, a request for pendente lite child support is retroactive to the date of the motion. In calculating any retroactive child support, any payments made under a pendente lite order will be credited in determining the total retroactive amount. However, should the payments under the pendente lite order exceed the total due under the final order, no credit exits for the payor. See Baraby v. Baraby, 681 N.Y.2d 826 (3rd Dept. 1998) Rodgers v Rodgers, 98 A.D.2d 286 (2nd Dept. 1983), Foxx v. Foxx, 114 A.D.2d 605 (3rd Dept. 1985). However, in Coull v. Rottman, 35 A.D.3d 198 (1st Dept 2006) following a downward modification, the father was given a credit for overpayments to be applied against add-on expenses, but not basic child support.

 

[BL]

Depending on the age of the daughter and if she still lives at home you could possibly goes to the nearest CSEU office to see if you can open as case .

It wouldn't be for back support unless there were an order and arrears.

The FPLS was started for the purposes of locating a parent for child support purposes.

 

[nextwife]

Is he legally the father?