Legal Question in Family Law in California
Can someone interpret Family law statute 3651(g)(2)(C)
If I am reading this right My daughters mom cannot file for madofication based upon my income during my deployment that ended in June because it is past 90 days that she filed an order to show cause. THank you
1 Answer from Attorneys
No, you are not reading this correct at all.
Yes, she can modify it based upon your changed income whenever that might be.
But, if your income is no longer changed, then she cannot retroactively modify the support.
There are multiple code section which apply to a modification, and this is just one of them.
What you refer to is under the Servicemembers' Civil Relief Act, you can see modification up to 90 days after getting out of the service of an order improperly modified.
Further, earlier in the code it speaks of your right of appointed counsel.
Good luck.
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