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.
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.
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 questions. The response does not form an attorney-client relationship, nor is it intended to be anything other than the educated opinion of the author. It should not be relied upon as legal advice. The response given is based upon the limited facts provided by the person asking the question. To the extent additional or different facts exist, the response might possibly change. Attorney is licensed to practice law only in the State of Massachusetts. Responses are based solely on Massachusetts law unless stated otherwise.
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.
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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.
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