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Samuel II
Samuel II, Attorney at Law
Category: Family Law
Satisfied Customers: 27011
Experience:  General practice of law with emphasis in family law.
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When does California family court award retroactive child

Customer Question

When does California family court award retroactive child support?
Submitted: 2 years ago.
Category: Family Law
Expert:  Samuel II replied 2 years ago.


This is Samuel and I will discuss this and provide you information in this regard.

Once the Petition for child support it filed, under CA Code

4009. An original order for child support may be made retroactive to the date of filing the petition, complaint, or other initial pleading. If the parent ordered to pay support was not served with the petition, complaint, or other initial pleading within 90 days after filing and the court finds that the parent was not intentionally evading service, the child support order shall be effective no earlier than the date of service.

A Judge determines that the parent and child are eligible to receive retroactive child support payments IF

1 - The non-custodial parent had concealed assets and finances to avoid paying child support payments or a lower amount

2 - The non-custodial parent acted in a way to delay the hearing and the payments were delayed as a result

3- The concludes that the payments must be backdated to a period that the non-custodial parent was not yet ordered to pay

Please let me know if you have other questions in this regard. Keep in mind, I can only answer and provide information for what you ask. I do not know what you need to know, unless you tell me. Please rate positive as this is how I get credit for my time and information.

Thank you

Customer: replied 2 years ago.
Can you clarify #3 in your answer? When would a judge do this? Do I have to request retroactive in the court documents or during the hearing?
Expert:  Samuel II replied 2 years ago.

Thank you.

So it may be taken back to any time before the filing of the Child Support. It can be taken back to birth, which is generally done if it can be shown that prior to a paternity positive the Father knew he was the Father. For instance, did the Father call the child, visit the child, talk to you about it being his child.

Customer: replied 2 years ago.
Our daughter is 12, almost 13. You are saying if the paternity was established years ago and they have a court order and stipulation filed with the court and they previously had a child support order for my husband to pay child support to the mother, that now that my husband has asked for child support, after 10 years of 90% custody and now 100% custody, the judge could order the mother to pay back child support for the 10 years we have had our daughter 90%?
Expert:  Samuel II replied 2 years ago.

No. That is not what I am saying.

I am saying that the court may order child support back to the date of birth, if the parent knew they were the parent or the court can adjust it to a time when it is proved that the parent should have known.

Expert:  Samuel II replied 2 years ago.

But it would only apply from the date of filing. And so if there was an order and the parent did not pay, that is Arrearage and not Retroactive.

Expert:  Samuel II replied 2 years ago.

But if no child support has been paid and there was no order, then the court can order it paid back to the date of birth from the date of filing - where generally the support would only go forward from the date of filing with Retroactive it goes back.