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N.Y. Fam. Ct. Act § 449

Effective date of order of support

2014-09-22

§ 449. Effective date of order of support. 1. Any order of spousal\nsupport made under this article shall be effective as of the date of the\nfiling of the petition therefor, and any retroactive amount of support\ndue shall be paid in one sum or periodic sums, as the court shall\ndirect, to the petitioner, to the custodial parent or to third persons.\nAny amount of temporary support which has been paid shall be taken into\naccount in calculating any amount of retroactive support due.\n 2. Any order of child support made under this article shall be\neffective as of the earlier of the date of the filing of the petition\ntherefor, or, if the children for whom support is sought are in receipt\nof public assistance, the date for which their eligibility for public\nassistance was effective. Any retroactive amount of support due shall be\nsupport arrears/past-due support and shall be paid in one sum or\nperiodic sums, as the court shall direct, to the petitioner, to the\ncustodial parent or to third persons. Any amount of temporary support\nwhich has been paid shall be taken into account in calculating any\namount of retroactive support due. In addition, such retroactive child\nsupport shall be enforceable in any manner provided by law including,\nbut not limited to, an execution for support enforcement pursuant to\nsubdivision (b) of section fifty-two hundred forty-one of the civil\npractice law and rules.\n

Official source: NYS Open Legislation (New York State Senate). Reproduced from public-domain New York statutes; confirm against the official source for the current text. Not legal advice.