Q: Am I entitled to child support after not going after it for 16 years?
16 Years ago, I had agreed not to receive support, and he wouldn't exercise visitation or custody, both understanding either could change their mind. My daughter now wants to meet him, but he refuses and has stopped answering texts or calls. Are we entitled to support after going years without it?
A: New Jersey does not do retroactive child support. You are entitled to support from the day you file your first request.
A:
Thank you for your question.
While child support is not waivable since it is the child’s right, you have to make application from the court to receive same. Once that application is filed, the statute only allows the court to place retroactive support back to the date of the filing of the request for support. So if you filed for child support on July 1, 2019, and the court does not hear your matter until August, they can place child support back to July 1, 2019, but cannot go further back. Therefore, if you have not sought child support for the last 16 years, you cannot go back and get 16 years of support.
I understand that you need answers and need to protect yourself. I strongly suggest that you schedule a consultation with a family law attorney who has experience with child support as soon as possible, so that you can understand the implications for you and your child.
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