QUESTION
Can I request back child support from my husband for the 4 months that we were separated?
Asked on Apr 22nd, 2013 on Divorce - California
More details to this question:
I and my husband have been separated for 4 months and we had a verbal agreement of 20% custody for him and 80% for me. He’s not giving me enough money so I filed for divorce two months ago.
8 ANSWERS
Mediation Attorney serving Bloomfield, NJ
at
Cassandra T. Savoy, PC
Update Your Profile
The general rule is that child support is awarded from the day you request an order. In other words if you do not ask for child support until the child is six, the court will not award child support when you could have gotten it, but did not ask.
Answered on Apr 24th, 2013 at 4:33 PM
Business Law Attorney serving Bingham Farms, MI
at
James T. Weiner, P.C.
Update Your Profile
Probably not. Usually you only get it prospectively.
Answered on Apr 24th, 2013 at 4:32 PM
You must file a motion and the support can be ordered from that date but will not cover your "verbal agreement". You should consult a family law attorney or facilitator to assist you with the motion or you can contact your local child support agency.
Answered on Apr 24th, 2013 at 4:32 PM
Appellate Attorney serving Grosse Pointe Farms, MI
at
Musilli Brennan Associates, PLLC
Update Your Profile
In Michigan, child support obligations are not retroactive beyond the date of filing a motion seeking to have the child support put into effect. Therefore it is imperative that you as quickly as possible file a motion and begin the process for the placement and implementation of a support order. Most probably you will want to deal with custody/parenting time at the same time. Unless you are familiar with the process, I would strongly recommend you seek counsel.
Answered on Apr 24th, 2013 at 4:32 PM
Bankruptcy Attorney serving Madison, WI
at
Richard B. Jacobson & Associates, LLC
Update Your Profile
Generally you can only get support from the date when you file a motion or other legal action to obtain it.
Answered on Apr 24th, 2013 at 4:32 PM
Family Law Attorney serving Irvine, CA
at
Law Office of Julie A. Ringquist
Update Your Profile
In California, you can ask the court to make the support orders retroactive to the date of filing of your case (so long as you don't delay too long before you file your Request for Orders). Therefore, you could go back 2 months, but not 4 at this point.
Answered on Apr 24th, 2013 at 4:32 PM
Divorce/Family Law Attorney serving Carlsbad, CA
at
Anne B. Howard, A Professional Law Corporation
Update Your Profile
Support typically goes back to the date that you file your motion for support. A court may give you support for the 4 months but it is unlikely.
Answered on Apr 24th, 2013 at 4:31 PM
You can request anything but the court generally won't order child support until you have filed papers for it. Generally support will only start accruing after the paper work is filed with the court.
Answered on Apr 24th, 2013 at 4:31 PM