Glen Cove, NY asked in Child Custody and Child Support for New York

Q: Can you be retroactive charged for child support if you received an increase of pay or switched jobs to a higher salary?

Non custodial parent, original order was in 2016 when I was a seasonal employee. Rate was 75/week. Then switched jobs and for a higher salary but did not inform mother. I’m not in the child support system, I pay her directly. Will I be retroactively charged once she takes me

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1 Lawyer Answer
Howard E. Knispel
Howard E. Knispel
PREMIUM
Answered
  • Divorce Lawyer
  • Commack, NY
  • Licensed in New York

A: If there is no child support order at all (either from Family Court or through Divorce) you can not be obligated to pay any retroactive support, with the exception if the custodial parent is on public assistance. If there is an active order, retroactivity only goes to the filing date of a new support modification petition. Again, if there is an issue of public assistance then there can be retroactivity to the date of the beginning of public assistance for the child.

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