Legal Question in Family Law in California

I am filing an OSC in order to request that the retro-active child support dates back further than the current order. I understand that the judge will order arrears dating back only to the date the motion as filed, however....in our particular case, the petitioner (father's attorney) filed in December of 11 and we came to an agreement in June only days prior to the hearing date. The hearing was taken off calender by the moving party, but the papers were never signed by petitioner, so there was never an order/judgement. I found this out at our CMC. So, I then filed, and the judge ordered child support based on my filing date. I have been told I am in a grey area. Is this request considered a modification?


Asked on 2/27/12, 1:51 pm

1 Answer from Attorneys
PATRICK MCCRARY PATRICK MCCRARY

You need to file a motion to set aside the order taking the original motion off calendar. The motion must be based upon your reliance upon the statements of the petitioner and/or his attorney. It may be too late to file the motion already so you should proceed quickly to file the motion. You probably need an attorney. Good Luck, Pat McCrary

Read more
Answered on 2/27/12, 2:39 pm


Related Questions & Answers

More Family Law, Divorce, Child Custody and Adoption questions and answers in California