The information contained below is based upon our interpretation of the statutes, our experience in family law and what we think most judges will order with this experience in mind.
In family law litigation, actions will be filed with the court but will not be heard or ruled upon until sometime later. So, the question becomes: “When will the order go into effect?”. For example, a petition to modify a current order may not be heard for months after a filing. So, when does the new order come into play?
The general rule is that the “effective date” is the first day of the first month after the actual filing. However, it is retroactive back to the date of filing if the court so orders. Hopefully, this information has given you some insight into the issue we have discussed. If you have any questions, please call our office as we would be happy to advise you further.