QUESTION
Can my wife collect back pay on child support from when we were separated until divorce is final?
Asked on Nov 13th, 2012 on Divorce - Florida
13 ANSWERS
Personal Injury Attorney serving Pacific, MO
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Melvin G. Franke
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If she has custody of the children.
Answered on Jun 26th, 2013 at 9:03 PM
Steven D. Dunnings
From date of filing petition for child support.
Answered on Jun 21st, 2013 at 1:28 AM
Cohabitation Agreements Attorney serving Cincinnati, OH
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Cathy R. Cook, Attorney at Law
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She can only receive support from the date she files forward.
Answered on Nov 15th, 2012 at 5:33 PM
Unfortunately, there is not enough information to answer your questions. Is it possible that she can receive back pay, the answer is yes. Is it automatic, no it is not.
Answered on Nov 15th, 2012 at 4:27 AM
Temporary child support only runs from the date the other side filed a request for an order awarding child support if no request for order is filed, no "back" child support is going to be owed.
Answered on Nov 15th, 2012 at 3:37 AM
Probate Law Attorney serving Colorado Springs, CO
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John E. Kirchner
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Generally, no in Colorado. Spousal support and child support can only be assessed retroactively to the date the divorce petition is filed.
Answered on Nov 15th, 2012 at 3:20 AM
Child support will be back dated to the time of filing the motion for child support, not to the time of separation.
Answered on Nov 14th, 2012 at 3:42 PM
Family Law Attorney serving West Bloomfield, MI
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Law Offices of Eugene Lumberg and Eric S. Lumberg
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She can collect support as of the date that she filed the request or complaint. You should consult with an attorney to make sure your rights are protected. We can discuss support guidelines and how those are affected by parenting time and other factors.
Answered on Nov 14th, 2012 at 10:18 AM
Divorce/Family Law Attorney serving Carlsbad, CA
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Anne B. Howard, A Professional Law Corporation
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Typically it'll go back to date of filing but for child support it may go back to separation especially if you weren't giving her any money.
Answered on Nov 14th, 2012 at 9:43 AM
Immigration Law Attorney serving Hialeah, FL
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Hernandez & Suarez, PL
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Child support since the date of separation as long as the parties were not living together and the parent with the children for less amount of time was not paying or sharing payment if the bills!
Answered on Nov 14th, 2012 at 9:30 AM
Yes. The children have the right to be supported by both parents.
Answered on Nov 14th, 2012 at 9:30 AM
Criminal Defense Attorney serving Deltona, FL
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R. Jason de Groot, P.A.
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Yes, she can go back 2 years, but you might have valid defenses depending upon what she is claiming. Get an attorney.
Answered on Nov 14th, 2012 at 9:29 AM
Family Law Attorney serving Eldersburg, MD
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Law Office of Leo J. Keenan III, P.A.
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The court can only award the back child support back to the date of filing of a Complaint, not the date of separation.
Answered on Nov 14th, 2012 at 9:29 AM