Legal Question in Family Law in California

When can CS be adjusted?

I was granted full physical custody of my daugther years ago and had a clause put in that she could spend as much time with her father as she wanted, with notice to me. So, she moved in with him because of financial motivation (he'd give her the CS payment if he could get it stopped). This was 5 weeks ago and I got served for CS, is there a three month rule for waiting to adjust CS? She's 17 1/2 so I'm not too worried about the CS for the few remaining months but would like it fewer months rather than more....


Asked on 11/12/07, 11:50 am

1 Answer from Attorneys
Robert Mccoy Law Office Of Robert McCoy

Re: When can CS be adjusted?

Child support is retroactive back to the date the motion or OSC is filed. There is no waiting period. Trying to delay it will mean you will owe more retroactive support. However, retroactive support may be more manageable that ongoing support as the court will usually allow you to enter into a payment plan for retroactive support.

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Answered on 11/12/07, 4:24 pm


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