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Old 11-05-2009, 03:22 PM
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Is Child Support Retroactive? NJ


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

If CS retroactive? Orig. legal doc. put dad as custodial parent back in 2000. Since then, both parents have moved but nothing legally was changed. Daughter is w/ mom 75% during school year, and is w/ dad 75% in summer/off days. Dad suspects mom may go for a legal primary change and CS now that she is getting remarried and possibly another move.

Will CS be retroactive or only start upon application? Also, will the mom not being a US citizen (from Canada w/ a green card) have any bearing?
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Last edited by Bethy; 11-05-2009 at 03:23 PM. Reason: spacing
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Old 11-05-2009, 03:25 PM
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Quote:
Originally Posted by Bethy View Post
What is the name of your state (only U.S. law)? NJ

If CS retroactive? Orig. legal doc. put dad as custodial parent back in 2000. Since then, both parents have moved but nothing legally was changed. Daughter is w/ mom 75% during school year, and is w/ dad 75% in summer/off days. Dad suspects mom may go for a legal primary change and CS now that she is getting remarried and possibly another move.

Will CS be retroactive or only start upon application? Also, will the mom not being a US citizen (from Canada w/ a green card) have any bearing?
Child support will generally only go back to the date of filing (though there are occasional exceptions).

Mom's citizenship has no bearing whatsoever....unless it can be shown that Mom intends to move child to Canada. Then it becomes markedly murkier.
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