Support order now child is 17

[Geyser12]

What is the name of your state (only U.S. law)? New York
My son is 17, I never filed for support. The father is now wanting to be a part of this life. No paternity was established.
My son is now to going to California to stay at his fathers while attending college in August. I have convencience his father to sign an acknowledgement of paternity in case of a medical emergency. I am paying for his college and medical insurance.

If I filed now for support being the custodial parent, is there a possiblity I would have to pay the father because my son will be staying with him?
How far back can I get support? I thought it was only to the date of filing. But, (https://newyorkchildsupport.com/dcse/non_custodial_parent_info.html) says I could get it back to the time of his birth.

 

[Proserpina]

What is the name of your state (only U.S. law)? New York
My son is 17, I never filed for support. The father is now wanting to be a part of this life. No paternity was established.
My son is now to going to California to stay at his fathers while attending college in August. I have convencience his father to sign an acknowledgement of paternity in case of a medical emergency. I am paying for his college and medical insurance.

If I filed now for support being the custodial parent, is there a possiblity I would have to pay the father because my son will be staying with him?
How far back can I get support? I thought it was only to the date of filing. But, (https://newyorkchildsupport.com/dcse/non_custodial_parent_info.html) says I could get it back to the time of his birth.

There is virtually no chance you'll get child support going back 17 years. Forget that.

Yes, it's entirely possible you'll be paying Dad child support once paternity is established if your child is actually living with Dad.

 

[Geyser12]

There is virtually no chance you'll get child support going back 17 years. Forget that.

I am not looking for support for the past 17 years, it was a simple question of law. If someone can provide the proper coinciding code that states support only goes to to date filiing I would appreciate it.

Yes, it's entirely possible you'll be paying Dad child support once paternity is established if your child is actually living with Dad.

Father will not file for custody and most like will not be able to afford an attorney here in New York to represent him. He will only be living there half the year, his residence will be NY. I pay for his college, books and medical and travel expenses. Does the court need to declare him the residential parent in order for him to receive support?

Who knows he may only be there one semester then decide to move back.

 

[Proserpina]

I am not looking for support for the past 17 years, it was a simple question of law. If someone can provide the proper coinciding code that states support only goes to to date filiing I would appreciate it.

C'mon, Mom. If you weren't thinking about it, you wouldn't have asked.

The court CAN go back to birth. But for a 17 year old? Not happening. You've sat on it for too long. Let's quote what you said:

How far back can I get support? I thought it was only to the date of filing. But, (https://newyorkchildsupport.com/dcse/non_custodial_parent_info.html) says I could get it back to the time of his birth.

Remember?

Father will not file for custody and most like will not be able to afford an attorney here in New York to represent him. He will only be living there half the year, his residence will be NY. I pay for his college, books and medical and travel expenses. Does the court need to declare him the residential parent in order for him to receive support?

Who knows he may only be there one semester then decide to move back.

May I ask a question? Why is your child being allowed to make these decisions unilaterally?

 

[BL]

What is the name of your state (only U.S. law)? New York
My son is 17, I never filed for support. The father is now wanting to be a part of this life. No paternity was established.
My son is now to going to California to stay at his fathers while attending college in August. I have convencience his father to sign an acknowledgement of paternity in case of a medical emergency. I am paying for his college and medical insurance.

If I filed now for support being the custodial parent, is there a possiblity I would have to pay the father because my son will be staying with him?
How far back can I get support? I thought it was only to the date of filing. But, (https://newyorkchildsupport.com/dcse/non_custodial_parent_info.html) says I could get it back to the time of his birth.

Why do you beleive you should receive child support for up to 6 months for a child not residing with you ?

Can you not wait to file until after the child returns home ?

You seem to stress the father would not be able to afford a lawyer in NY for a hearing.

He could request a telephonic hearing .

If you file and are awarded CS , it most likely would be from the date of filing .

You sat on this too long without an issue with it.

 

[LdiJ]

C'mon, Mom. If you weren't thinking about it, you wouldn't have asked.

The court CAN go back to birth. But for a 17 year old? Not happening. You've sat on it for too long. Let's quote what you said:





Remember?




May I ask a question? Why is your child being allowed to make these decisions unilaterally?

She said:

My son is now to going to California to stay at his fathers while attending college in August.

While mom could refuse to pay for any college if he didn't attend one of her choice, its really pretty normal (within a budget) for parents to allow children to attend the college they prefer. So I really don't see this one as a child getting to make a unilateral decision. He is obviously going to be 18 fairly soon or he would not have graduated from high school already.

 

[CJane]

She said:



While mom could refuse to pay for any college if he didn't attend one of her choice, its really pretty normal (within a budget) for parents to allow children to attend the college they prefer. So I really don't see this one as a child getting to make a unilateral decision. He is obviously going to be 18 fairly soon or he would not have graduated from high school already.

Majority in NY is 19, isn't it?

Regardless, I made a unilateral decision to move out of my Mom's house when I was 17. I'd graduated from high school, was turning 18 in 3 months, and moved in with my Dad to attend college out of state. Seems like a normal decision to me.

 

[Rushia]

Majority in NY is 19, isn't it?

Regardless, I made a unilateral decision to move out of my Mom's house when I was 17. I'd graduated from high school, was turning 18 in 3 months, and moved in with my Dad to attend college out of state. Seems like a normal decision to me.

Unless it very recently changed, it is 18.

ETA after seeing BL's post. Age of Majority is 18 but support goes to 21.

 

[BL]

Child support in New york is 21 , or possibly after for special needs child .

Can I Collect Retroactive Child Support in New York?
Most states permit collecting child support back to the date when you first applied for child support, not just from the date your application is approved. New York provides two ways to collect retroactive child support:

■A special award for money already spent in raising the child
■A child support award that takes effect at a date before you applied
When Does a Child Support Award Become Effective?
A child support award becomes effective either from the date you first applied for child support, or from the date your children began receiving public assistance in New York.

What Kinds of Expenses Can I Get a Special Award for?
A New York court can grant one parent a special child support award for all of the following:

■costs of pregnancy
■costs of birth
■funeral expenses if the child has died
■reimbursement for some or all of the actual cost of raising the child. This decision is based on the needs of the child and the ability of the other parent to pay.
Will Retroactive Child Support Reduce Future Payments?
Retroactive child support does not reduce future payments - even if the court orders child support to be paid in installments instead of all at once.

Do I Need a Family Lawyer to Collect Retroactive Child Support?
If you are seeking to establish retroactive child support, it may be wise to speak with an experienced family lawyer. Consulting with a family lawyer can help you understand your options and help you deal with the complicated legal system.