Legal Question in Family Law in Minnesota

back dating support

I have a 16 yr old son who has lived here with me since our divorce 2 years ago. I also have a 17 year old daughter who was living with her dad untill 9/1/06 . at that time she made the choice to move in with me and her brother and has been living here since (she also has stated she will stay here untill she is 18, graduates high school and goes to collage) I am asking the father to sign a stipulation stating that jessica the daughter is no longer living with him, and that the child support should not be offset as both kids are with me know. the question I have is will a judge back date the offset to the date the child moved in with me? or is it the date the father finally signs the paper? He is willing for it to staer on 12/1/06 , and I want it to have started 9/1/06 which is the ''real'' date jessica moved her things here and has not spent 1 night or day at her fathers from the date of 9/1/06..... thank you


Asked on 11/23/06, 5:42 am

1 Answer from Attorneys

Re: back dating support

The existing child support order can be modified retroactive to the date a motion to modify support is served, not earlier. In addition, a judge can suspend a support obligation from the time a court issues a temporary order approving the change of custody.

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Answered on 11/24/06, 1:44 pm


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