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Back Child Support
The Child Support Standards Act (CSSA) was enacted to promote New York's public policy concern that both parents contribute to their children's support — and in response to federal law that mandatory support guidelines be in effect as a predicate to eligibility for federal funding. Panossian v. Panossian, 201 A.D.2d 983 (4th Dept., 1994); Rakoszynski v. Rakoszynski, 174 Misc.2d 509 (1997). It is settled law that agreements that contract away the obligation to pay child support are void as against public policy and, thus, unenforceable. Strenge v. Bearman, 228 A.D.2d 664 (1996). Although seemingly straightforward, the narrowly defined statutory scheme regarding the retroactivity of child support has been indirectly, yet, significantly broadened as a result of recent judicial authority involving unrelated issues.
Statutory law provides that child support is “effective as of the date of the application therefore (DRL ' 236B(7), DRL ' 240(j), and FCA ' 449),” which leaves two categories of custodial parents severely constrained in any attempts to retrieve child support for unpaid periods: 1) those in Family Court seeking pre-application date support, and 2) those in post judgment/order proceedings (in Supreme or Family Court) following a de facto change of custody where the new custodial parent seeks support for the gap of time between the actual change of custody and the application for support. While parents in divorce actions with no extant support awards have recourse for back support via a cause of action in necessaries, relief is now newly available to the two aforementioned categories of parents who would otherwise have continued to remain hamstrung in their efforts to obtain child support.
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