Retroactive C/S in MA

[newmomma123]

What is the name of your state (only U.S. law)? Massachusetts

Hello all - I have a question about child support. Does retroactive support apply to the date the parent was added to the birth certificate, the date a complaint for child support was filed or could it be from the date of a formal paternity test (not court ordered)? I'm thinking it would probably be from the date that the complaint was filed, but I would really appreciate some clarification.

I can't fathom how anyone can make it through law school. I just spent an hour trying to research this and my head is spinning from the legal jargon . . .

 

[mistoffolees]

What is the name of your state (only U.S. law)? Massachusetts

Hello all - I have a question about child support. Does retroactive support apply to the date the parent was added to the birth certificate, the date a complaint for child support was filed or could it be from the date of a formal paternity test (not court ordered)? I'm thinking it would probably be from the date that the complaint was filed, but I would really appreciate some clarification.

I can't fathom how anyone can make it through law school. I just spent an hour trying to research this and my head is spinning from the legal jargon . . .

Commonly it is retroactive to the date the request for CS is made, but there are other options, as well:

Child Support Cases in Massachusetts

 

[Proserpina]

What is the name of your state (only U.S. law)? Massachusetts

Hello all - I have a question about child support. Does retroactive support apply to the date the parent was added to the birth certificate, the date a complaint for child support was filed or could it be from the date of a formal paternity test (not court ordered)? I'm thinking it would probably be from the date that the complaint was filed, but I would really appreciate some clarification.

I can't fathom how anyone can make it through law school. I just spent an hour trying to research this and my head is spinning from the legal jargon . . .

It is generally retroactive to the date the petition is filed. There are exceptions though, and if the petitioning parent requests that it should go back prior to the date of filing s/he may get lucky.

 

[newmomma123]

It is generally There are exceptions though, and if the petitioning parent requests that it should go back prior to the date of filing s/he may get lucky.

Yeah, luck usually avoids me, but heres to hoping . . .

Thank you for that link, mistoffolees. From what I read, retroactive support is usually dated back to when it was first filed, but in some instances it can be retroactive up to six years when a parent files a complaint to establish paternity and child support?

"no retroactive support order may be entered covering a period more than six years preceding the date of the complaint or any period before the defendant knew or should have known that he was the father of the child." <http://www.hgoldstein.com/cases/Dept-of-Revenue-v-Roe-1990.htm>