Legal Question in Family Law in California
17 years after a child support ruling, can a custodial parent now request a revised support amount and have it retro back any number of years because it was originally completed when salaries were low, and realizing now that in a year the support payments will be completed? Is there maximum number of years it can be retro back if in fact that is allowed by the courts?
Asked on 10/21/10, 9:53 am
3 Answers from Attorneys
Gary R. White
Burton & White
Generally, child support cannot be modified retroactive to a date prior to the date of the filing of papers to modify the prior order.
Answered on 10/26/10, 11:03 am
Absent fraud, the farthest back a support modification can go is the date the motion for modifcation is filed.
Answered on 10/26/10, 12:23 pm
Anthony Roach
Law Office of Anthony A. Roach
Back to date that the OSC or motion to modify is filed, not back 17 years.
Answered on 10/26/10, 3:23 pm
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