Q: Can you request child support prior to date of filing? Case is still open.
We filed for child support in April 2016 even though other parent moved out of state July 2013 because our attorney at the time said we could not ask for retro (prior to filing date). She said if we wanted child support from July 2013 then we should have filed then. Fast forward to current date and we are still dealing with this case. As of February 2019, child has moved with that parent and is asking for future child support even without current case being finalized. Since we have to go to court, can we ask for child support to exceed our filing date?
*** Original order was never finalized.***
A: Normally on a new child support matter you can go back two years prior to filing. It is different if you are asking for a modification of an already existing order.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
