Filed petition is May and non-custodial parent finally agreed to 50/50 on educational and extra curricular expenses on 9/21/18. He is refusing to pay the educational expenses incurred between May and September 21st. Am I not able to collect from the day the petition was filed especially given that he purposely dragged this out to avoid payment?
Dating his obligation back to the date of the filing of the Petition is discretionary with the judge. It may or may not be made retroactive. Unless there is something unusual in your case, the odds are good that retroactivity will apply.
Most orders like this are made retroactive to the date of filing so as not to reward a party who gets continuances. May or may not apply to your case.
If you filed a separate petition for child Support that included a request for these expenses, not just the Petition for Dissolution of Marriage, then it should be retroactive to the date of the filing of that petition or the date he was served with it. If you have an attorney, discuss this with her/him. If not, you should consider retaining an experienced family law attorney now.
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