New York Prosecutors Training Institute
NYPTI Law - NYS Statutes
ยง 449. Effective date of order of support. 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.
