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?


Asked on 6/24/07, 11:53 am

2 Answers from Attorneys

henry lebensbaum Law Offices of Henry Lebensbaum (978-749-3606)

: 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.

Read more
Answered on 6/24/07, 12:00 pm
Gregory Lee Gregory P. Lee, Attorney at Law

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.

If you would like representation on a sliding-scale fee basis, please feel free to contact me.

Read more
Answered on 6/25/07, 12:26 pm


Related Questions & Answers

More Family Law, Divorce, Child Custody and Adoption questions and answers in Massachusetts