Q: How do I get back child support taken from me by NY state during the same time I have had physical custody of my child?
I have physical custody as of 3/2/14 and was finalized on 11/6/15 but I was unaware that NY child support was still collecting even tho they have no jurisdiction on my daughter nor give any support to her.
A: Your question depends on the court order in effect during the time in question. While you had physical custody was the court order changed to reflect that? If not then the argument is in favor of support continuing to remain as ordered. New York likely collected the money based on the original court order and not receiving any notice of a change. If you modified the custody order already you should just need to get that notice to the New York authority handling the withholding. If no court order was changed the order in effect could mean that you paid your spouse for the right to care for an extended visitation with your child. Contact and retain an experienced family law attorney to get you back to court and make the proper modifications as soon as possible.
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