Retroactivity Regarding Child Support
Child support payments may be modified only as to installments accruing after the party moving for modification has given due notice. In re Macino
A modification for child support 20 years after the divorce could not be applied retroactively. Nerini v. Nerini
The question of whether modification of child support should be retroactive is within the discretion of the trial court. In re Ingrassia
The question whether modification of child support should be retroactive is within the discretion of the trial court. Where there was an interim of over one year between the filing of the petition and the entry of the order but at least five months of that delay was attributable to respondent’s willful failure to comply with petitioner’s discovery requests, it was inequitable to allow respondent to benefit due to his dilatory behavior; the support order was made effective retroactive five additional months. In re Leva
A court may, within its discretion, modify a support order retroactively to the date that the petition for modification was filed and, thus, child support payments in arrears which accrue thereafter do not become vested. In re McDavid
