My STBX and i had a verbal support agreement. In February he decided to cut it in half. Now I am significantly behind on all my bills because of this. When I request Temp Child Support and PSS from the judge, can I ask for it to be retroactive so I can get caught up on the debts this has caused? Do judges ever grant that sort of request?
Yes, if you asked in your Complaint for retroactive child support, a judge will consider awarding you retroactive child support. Judges do grant retroactive child support.
Anna Ayscue
Attorney with Rosen Law Firm Cary • Chapel Hill • Durham • Raleigh • Wake Forest
Rosen Online | Unlimited confidential access to a North Carolina attorney for $199/mo - click here
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 only, a full discussion with an attorney should be undertaken before taking any action. The information posted on this forum is available for public viewing and is not intended to create an attorney client relationship with any individual. These answers are provided for informational purposes only, a person should consult with their own individual legal counsel before taking any action that could affect their legal rights or obligations.
Can a judge award retroactive PSS? It is listed in my complaint. It would be for the 3 months before I was able to file, and the amount based on what my STBX had been providing prior to his sudden cutting off of support. And will a judge look at his actions unfavorably since I am not employed and have our minor child living with me?
A judge can award retroactive PSS but will not if too much time has passed from the filing of the claim to the hearing date, and likely will not for the time that passed between the date of separation and the date of filing.
A judge would likely look at your spouse’s lack of financial assistance unfavorably based on what you have described if you are determined to be the dependent spouse and your spouse is determined to be the supporting spouse.
Anna Ayscue
Attorney with Rosen Law Firm Cary • Chapel Hill • Durham • Raleigh • Wake Forest
Rosen Online | Unlimited confidential access to a North Carolina attorney for $199/mo - click here
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 only, a full discussion with an attorney should be undertaken before taking any action. The information posted on this forum is available for public viewing and is not intended to create an attorney client relationship with any individual. These answers are provided for informational purposes only, a person should consult with their own individual legal counsel before taking any action that could affect their legal rights or obligations.