I already have a support order in place for our 3 year old son, but in the process of establishing one for our 6 mo old daughter, court date is not until sept 21. if he's ordered to pay for our daughter, will he be required to pay starting from the date that we separated, because he's held the same job since that time, or not be required to pay but from the court order date in sept? he's only required to pay $390/mo for our son and so far nothing for our daughter, so I'm wondering am I screwed out of money he should've been paying the last 5 months for our daughter, or do the courts consider that and make them pay in arrears from the date of separation?? anyone know the answer to that one, I've heard many conflicting answers from different people, so not sure what to expect and if can make him pay up by agreeing to pay arrears in mediation, if court doesn't require that, would like to know so I can get him to do that if the court won't make him :confused:

I know that in NY it is from the file date of the petition forward. When did you file? In the case of young children like your dd the court can and often will go back to birth.

I left him mid/end April and when I got settled into my parents home after bouncing around from a safe house to a shelter then to my parents', I filed the petition, I'm thinking it was in early May, but DCSE didn't process it until I had all of the requested information for them, so does it go from the day that I filed or the day that DCSE finally put the request through? (because the difference between those two is a couple weeks)

You mAY NOT GET CHILD SUPPORT in arrears but that has more to do with you not filing during the separation period for whatever the reason, than him. So I do not think you should make him be a bad person because you did not exercise your right to go to court during the separation to get an interim support order and permanent support order established. So it is up to the court.