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TJ, Esq.
TJ, Esq., Attorney
Category: Family Law
Satisfied Customers: 12142
Experience:  JD, MBA
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I have a child support case, I separated from my son's

Customer Question

HI, I have a child support case, I separated from my son's mother in 2001, in 2002 we went to court for child support. The amount was $280.00. In 2005 I took custody of my son, he was getting physically abused by his mother and stepfather. Since he was 9 years old he has being living with me.
Recently, his mother started to receive food stamps and welfare, she told them that I never paid child support and now they want almost $40,000. She has never paid child support to me. How can i fix this, I live in NYC.
Submitted: 10 months ago.
Category: Family Law
Expert:  TJ, Esq. replied 10 months ago.

Hello and thank you for the opportunity to assist you. My name is ***** ***** I will do my very best to help if I can. Please bear with me a few moments while I review your question, conduct any necessary research, and type a response. Thank you.

Expert:  TJ, Esq. replied 10 months ago.

Hello again.

I'm just going to make a guess, and please tell me if this is wrong: You were ordered to pay child support because your ex was granted custody. When you took your child in 2005, you did not obtain a custody order, and instead you had an informal agreement with your ex that you would have custody. During all that time, the child support order was never amended to account for the fact that you had custody of your child, and so your ex is now claiming that you owe her in back child support.

Assuming those are the facts, then I strongly suggest that you retain a local attorney who can file a petition to retroactively amend the child support order based upon your custody since 2005. Obviously, you will need to produce evidence, though your child's own testimony would likely be quite helpful in this situation. Under the circumstances, I would be surprised if you can't get this resolved in your favor. You may also wish to alert the state of what has occurred, though I suspect that they will not be very helpful and will tell you to get a court order. So, again, I strongly suggest that you retain a local attorney. You would retain a doctor if you had medical trouble, and you should similarly retain a lawyer when you have legal trouble. This isn't a small claims type of situation where you can easily handle the matter yourself. You will be much better off with an expert.

Does that answer your question? Please let me know if you need clarification, as I am happy to continue helping you until you are satisfied.

Expert:  TJ, Esq. replied 10 months ago.

Hello again. I didn't hear back from you, so I'm just checking in to make sure that you don't need more help on this issue. If not, then please remember to provide a positive rating via the stars (and note that your positive rating is the only way that I'll get credit for helping you, so I greatly appreciate it). Thank you!