Bronx, NY asked in Family Law, Child Custody and Child Support for New York

Q: When do child support areers start? I hear they start from the day the mother files? Or is it after an order put in?

Currently have a 7 month old who I provide everything for in my home, I had to goto court to get visitation rights even tho I’m on the birth certificate and signed AOP.

I told the mother if she’s worried about her resources she can give me the baby for more time and I’ll happily use my formula diapers wipes etc on her but I’m not going to have less time and reward her with compensation, she’s going to have to get a court order for me to pay child support before I willingly give her money.

We currently are in court for custody she had no ground to push for sole but she is and I’m pushing for 50/50 joint legal joint physical cause we live 30 minutes from eachother and work non conflicting polar opposite schedules.

Do I owe her money legally? Because she’s filed? Or is it only after a temp / perm order is estsblished

2 Lawyer Answers
Howard E. Knispel
PREMIUM
Howard E. Knispel
Answered
  • Divorce Lawyer
  • Commack, NY
  • Licensed in New York

A: Once a permanent child support order is issued, the arrears dates back to the date of filing.

1 user found this answer helpful

David Ivan Bliven
David Ivan Bliven
Answered
  • Divorce Lawyer
  • White Plains, NY
  • Licensed in New York

A: By statute, child support is retroactive to the filing date of her petition. If the court ends up giving you shared custody, then you can subsequently petition for a modification of child support. Schedule a consult with a Bronx Family Law attorney for a full assessment.

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