Your attorney will be better able to advise you regarding this when he or she determines exactly what has been filed in your case. Of course I don’t have all the facts, but I would guess that your spouse has filed a child support action and is asking that child support be paid from the date of filing. There are two “types” of child support - prospective and retroactive. Prospective support can be awarded from the date of filing, which of course can involve payment for child support starting on a PAST date. It is actually “future” child support, but a judge can order that the amount due be calculated based on the date of filing. Even though the amount to be paid can be calculated based on a past date, that is not “back” support. The technical term for what some folks call “back support” is “retroactive” child support. Retroactive child support is support awarded for a period PRIOR TO the date of filing, and it’s limited to actual expenses incurred by the parent receiving such support. My guess is that your wife is not seeking retroactive child support, but instead that she is seeking temporary prospective child support dating back to the filing date.
David L. McGuire
The Rosen Law Firm
4101 Lake Boone Trail, Suite 200
Raleigh, North Carolina 27607
The response posted above is based upon the limited factual information made available and is not intended as a full and complete response to the question. The only reliable manner to obtain complete and adequate legal advice is to consult with an attorney, fully explain your situation, and allow the attorney sufficient opportunity to research the applicable law and facts required to render an accurate opinion. The basic information provided above is intended as a public service but a full discussion with an attorney should be undertaken before taking any action.