Legal Question in Family Law in California
child support for previous years
I have a 5-year old child and I�ve been separated for 3 years (divorced became final 1 year ago). In the mediation agreement (about 1.5 years ago), I agreed to not receive child support from my ex-husband (I did it because I thought we could deal with it outside of the court and to have an amicable divorce and he had verbally agreed to open a savings account for my child). However, he has only provided $200/month for the last year and it--name removed--never on time (no savings account either). So, I filed for child support through the California child support office. They have told me that through that process, he will start paying for child support right away (within 6 months). However, they also told me that he will not be required to pay for child support for the period he did not send me any money (2004 and 2005 or the adjustment in 2006 since he is only giving me $200/month). Is this the law in Los Angeles County, or is it just that the child support office does not want to ask for that money for the previous months? Thank you for your advice.
1 Answer from Attorneys
Re: child support for previous years
They have told you correctly. Child support cannot be modified retroactively. Is it really cheaper to go through a free service of the Department Child Cupport Services when an attorney can file a motion immediately and child support can be retroactive to the date that you file your motion. It looks like you lose 6 months of child support. Good Luck, Pat McCrary
Related Questions & Answers
Looking for something else?
10,200 active attorneys ready to answer your legal questions today.
Featured Attorneys
Earn additional revenue and grow your business.
