Question:
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?
Answer:
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.
