Guntersville, AL asked in Child Support for New York

Q: Support violation?

If in the original divorce some expenses were to be shared but custodial parent never brought them about, never communicated with non custodial parent, kept children from noncustodial parent. No for of bills or requests made during 7 years. Does non custodial parent have any recourse? If found for some reason obligated to pay what are some of the ramifications possible to be facing. Trying to prepare as much as possible. So far no documents have been provided.

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

A: While, in general, the custodial parent is required to present evidence of legitimate expenses to be reimbursed within a "reasonable time", that is ambiguous. I have seen some Judges and Magistrates exclude some sxpenses for being stale, but I have also seen old expenses awarded. You can argue that the expenses that reimbursement are sought are not timely and you received no demand fo them. If these are considered "additional child support" under the statute, there is no statute of limitations. If they are awarded, a Judgment will be issue against you. You could ask for a payment plan. You should talk to a lawyer.

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