QUESTION
Can spousal and child support be retroactive just because it is claimed in the divorce complaint even though nothing has been filed?
Asked on Jul 27th, 2020 on Divorce - Virginia
More details to this question:
Divorce complaint has been filed by me at the fairfax county circuit court; and the other party filed an answer to the complaint and i filed a counter answer. A date has not been set for the hearing. The other party did not file for spousal and child support but we just claimed it in the divorce complaint. Can spousal and child support be retroactive just because it is claimed in the divorce complaint even though nothing has been filed for spousal and child support by either party?
1 ANSWER
I am not sure what you are asking. If a Complaint for divorce was filed and a request was made for child and spousal support, the party requesting support may ask that it is retroactive to the date of filing/service. It matters not that a hearing has not been set. Once the case is heard that is when the court will decide the issue of retroactive support. Best of luck~
Answered on Aug 03rd, 2020 at 8:19 AM