My wife moved out three months ago. She has still not filed for divorce. When the divorce does become final, will I be required to pay back child support from the time she filed or the time when she moved out?
No, you cannot be required to pay retroactive child support. In the state of Kentucky, child support can only be established if a party moves the Court to enter an order of support. The Court can then require a party to pay child support, but can only require a party to begin paying child support back to the date a motion was filed with the court. Unless a motion for child support had been filed when your spouse left the home, a Court cannot require you to pay back child support to the date your spouse left the home.
Jason Bowman is an attorney in the Louisville, Kentucky office of Cordell & Cordell, P.C. He is licensed in the states of Kentucky and Texas. He received his Bachelor of Science in Business from the University of Louisville, and received his Juris Doctor from Texas Wesleyan University.