Section 449. Effective date of order of support


Latest version.
  • 1. Any order of spousal
      support made under this article shall be effective as of the date of the
      filing of the petition therefor, and any retroactive amount  of  support
      due  shall  be  paid  in  one  sum  or periodic sums, as the court shall
      direct, to the petitioner, to the custodial parent or to third  persons.
      Any  amount of temporary support which has been paid shall be taken into
      account in calculating any amount of retroactive support due.
        2. Any order of  child  support  made  under  this  article  shall  be
      effective  as  of  the earlier of the date of the filing of the petition
      therefor, or, if the children for whom support is sought are in  receipt
      of  public  assistance,  the date for which their eligibility for public
      assistance was effective. Any retroactive amount of support due shall be
      support arrears/past-due support  and  shall  be  paid  in  one  sum  or
      periodic  sums,  as  the  court  shall direct, to the petitioner, to the
      custodial parent or to third persons. Any amount  of  temporary  support
      which  has  been  paid  shall  be  taken into account in calculating any
      amount of retroactive support due. In addition, such  retroactive  child
      support  shall  be  enforceable in any manner provided by law including,
      but not limited to, an execution for  support  enforcement  pursuant  to
      subdivision  (b)  of  section  fifty-two  hundred forty-one of the civil
      practice law and rules.