Legal Question in Family Law in California

Husband seeking retroactive child support

My husband and I were divorced in 1999. He kept custody of our two daughters. The official divorce decree did not award any spousal or child support to either party. He is now seeking retroactive child support from 1999. How far back is he allowed to receive child support, if at all? Also, I remarried approximately 1 year ago, will this have any bearing on payments I may be ordered to make?


Asked on 2/19/05, 6:04 pm

2 Answers from Attorneys
PATRICK MCCRARY PATRICK MCCRARY

Re: Husband seeking retroactive child support

Generally, he can seek back support only until the day that he filed his motion asking for support. Your remmarriage will affect the child support calculation only to the extent that it affects the taxes that you pay, which means that in most cases you pay more taxes and your child support would go down. If you retain an attorney he can give you a real good idea of what your child support obligation will be, and you will sleep better at night. Good Luck, Pat McCrary

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Answered on 2/21/05, 10:40 am
Damian Nolan Law Offices of Damian M. Nolan

Re: Husband seeking retroactive child support

UNLESS THERE IS A PROVISION IN THE DIVORCE JUDGEMENT TO THE CONTRARY, USUALLY A PARTY MAY ONLY GO BACK TO THE TIME THE MOTION FOR SUPPORT WAS FILED.

THE FACT THAT YOU ARE MARRIED MAY ACTUALLY SERVE TO REDUCE YOUR SUPPORT OBLIGATION DEPENDING, OF COURSE, ON WHETHER YOUR SPOUSE IS EMPLOYED AND IF YOU ARE FILING TAXES JOINTLY.

REGARDS,

DAMIAN NOLAN

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Answered on 2/21/05, 6:00 pm


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