Child support payments

Asked almost 2 years ago - Bronx, NY

If my spouse decides to move out from the house with the kids and then apply for divorce, when do I become responsible for paying child support? After official divorce is executed or from the day when they move out from the house?

Attorney answers (5)

  1. Maria C. Tebano

    Contributor Level 15


    Lawyers agree

    Best Answer
    chosen by asker

    Answered . Child Support is retroactive to the date that she make the demand for support. She can make the demand in the Action for Divorce or in a petition filed in Family Court.

  2. Howard M Lewis


    Contributor Level 20


    Lawyers agree


    Answered . I am sorry that you are going through this. Most support actions may be retroactive to the date of the filing, however, please remember it depends upon who is supporting the children and who needs the support. take care.

    Legal disclaimer: The response given is not intended to create, nor does it create an ongoing duty to respond to... more
  3. Douglas Shaun Kepanis

    Contributor Level 12


    Lawyers agree

    Answered . It will be retroactive to the date of filing papers seeking child support. However, should you file for custody, you could be the one receiving child support.

  4. David Ivan Bliven


    Contributor Level 20


    Lawyer agrees

    Answered . I agree with Ms Tebano - child support is technically retroactive to the date of the complaint. As such, you are best advised to figure out what your proper child support payment is now rather than owe alot at the end. You are also best advised to schedule a free follow-up consultation with a Bronx Co. Divorce lawyer.

    * If you found my answer to be helpful, or the "best answer," please feel free to mark it accordingly.
  5. Deborah G. Fiss

    Contributor Level 14

    Answered . Although there is law that your obligation would be retroactive to the filing of the divorce, it's usually from service of an application specifically requesting it. In Family Court, it's always from the date someone files for child support. Thus, so long as she doesn't file, you're totally ok, but it's always a good idea to give a weekly check for your children voluntarily.

Related Topics


Divorce is the process of formally ending a marriage. Divorces may be jointly agreed upon, resolved by negotiation, or decided in court.

Child support

Child support is a payment made from one parent to another parent (usually from non-custodial to custodial), to help ensure the child's financial needs are met.

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