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can I sue for back child support from spouse that left the country ?

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dadof3isme

Junior Member
What is the name of your state (only U.S. law)? NY

About 5 years ago my ex left the country suddenly at left me with our 3 kids. I got full physical and legal custody of the by default because she didn't show up to any of the court dates. I was never able to get an order for child support, I filed but could not serve her because i didnt have an address for her out of the country and i tried going through my states child support unit who attempted to find her by using her social security number but nothing ever came of it. over the past 5 years she has become successful and is the CEO of a business that she started outside the US and I have found out that she has been visiting the US frequently. We are still legally married and I would like to know if I can sue her for any part of her business or back child support from the date I attempted to file ? The way I see it is that she left and started this business and I supported our children so I should be entitled to part of it as her spouse ?
 


not2cleverRed

Obvious Observer
What is the name of your state (only U.S. law)? NY

About 5 years ago my ex left the country suddenly at left me with our 3 kids. I got full physical and legal custody of the by default because she didn't show up to any of the court dates. I was never able to get an order for child support, I filed but could not serve her because i didnt have an address for her out of the country and i tried going through my states child support unit who attempted to find her by using her social security number but nothing ever came of it. over the past 5 years she has become successful and is the CEO of a business that she started outside the US and I have found out that she has been visiting the US frequently. We are still legally married and I would like to know if I can sue her for any part of her business or back child support from the date I attempted to file ? The way I see it is that she left and started this business and I supported our children so I should be entitled to part of it as her spouse ?
I'd say file for divorce. At this point, child support can be wrapped into that.
 

HRZ

Senior Member
I doubt you get retroactive anything ...but if you figure out how to serve her..by publication, if necessary,for divorce you might have some leverage as to equitable distribution of the entire pots accumulated by both parties under NY law ...and depending on ages of children you may have some success at future support including college costs .

But I doubt you will get very far wo skilled counsell**************..
 

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