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socrateaser
socrateaser, Lawyer
Category: Family Law
Satisfied Customers: 37968
Experience:  Retired (mostly)
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My divorce was final on 1/31/13, and the stipulated judgment

Customer Question

Hi. My divorce was final on 1/31/13, and the stipulated judgment said we were both to pay 50% of the children's expenses. I have them 65% of the time. They are 16 and 14. I have not received anything from their father, ever, since birth. My financial circumstances changed in 2013 and I need child support. I registered w/ DCSS in April 2014. I want to go to court and request a child support order. Will the date of registration w/ DCSS be grounds for arrears? I did not pursue the DCSS case because my ex threatened parental alienation.
Submitted: 1 year ago.
Category: Family Law
Expert:  socrateaser replied 1 year ago.

Hello,

I assume you're in California, because you have referred to DCSS (Department of Child Support Services). Under Cal. Family Code Section 3653: "An order modifying or terminating a support order may be made retroactive to the date of the filing of the notice of motion or order to show cause to modify or terminate." Registration with DCSS is not thefiling of a notice of motion or order to show cause. Therefore, the April 2014 date cannot be used to modify child support. The earliest possible date for retroactive modification of child support is the date the DCSS files the notice of motion or order to show cause with the court to modify your child support orders.

I hope I've answered your question. Please let me know if you require further clarification. And, please provide a positive feedback rating for my answer -- otherwise, I receive nothing for my efforts in your behalf.

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Expert:  socrateaser replied 1 year ago.

Do you need further clarification, or is my answer satisfactory?