Legal Question in Family Law in Massachusetts
retroactive CS
I was wondering when/why a judge orders retroactive CS. My daughter is 5 months old. Her father has not been paying CS (he has paid a few bills). We will soon be setting up a court order on CS/visitation. Will a judge order him to pay retroactive CS? Why or why not?
2 Answers from Attorneys
: retroactive CS
If there has been no prior CS payment, the court has the authority to order retroactive support.
Why a judge would or would not do it is a question that cannot be answered.
If you have questions or need assistance, contact me.
Re: retroactive CS
The Probate and Family Court can order child support retroactive to the date that the obligor parent was served the orginal complaint in a case. In the push to get current support, the retroactive support is often left be -- a "cost of doing business." However, you can and should push the court if youe wish, especially if the income will be significant.
Courts order retroactive support ONLY at a final hearing, not at temporary orders.
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