We have 2 children together that since May of 2011 I have paid support for ON MY OWN without the involvement of the court system. ( I have the majority of money order stubs, but not all) so that I would never have to deal with back support in the event she actually took me to court for support. We have a mutual verbal agreement for custody, and I pay 25% of my pay to her. My question(s) are these: 1) Now that she is taking me to support court, am I entitled to pay the arrears if I can't find the stubs I have misplaced? and 2) Since SHE is the one that kicked me out of our home without my knowledge and moved the boyfriend in (obviously adultry, since they now have a child together) is she entitled to ANYTHING?? I was not the one that wanted the family broken up.
Mary Katherine BrownFamily Law AttorneyBrooklyn, NY ·
If there's been no order for child support, then you would not yet have accrued any arrears. I suggest you have a confidential consultation with a local attorney to discuss the entire situation and then the attorney can review all your rights, options an responsibilities with you. You can find local attorneys here on . Good luck!
You will only be assessed arrears from the date she filed her petition of support. Therefore, be sure you keep proof of the payments you are making currently.
The fact that she is living with another man will have little, if anything, to do with who gets what and rights in the divorce. The only area where it may have some impact is in regards to spousal support because she has another income in the household.
Arrears can only accumulate from the date that the petition is filed not anytime before that. If you are paying voluntarily, your payments that you can prove will be credited to you. If you have paid less than the order, then you will have arrears, if you have paid more than the final order, there is usually no credit given. As for her being entitled to anything, if you are talking about child support, the court does not look at who is at fault or why they only look to who has custody as the children are entitled to support from both parents.
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