Legal Question in Family Law in California
Retro Child Support payment (without a court order)
My husband and I separated in Feb 2001 and he filed for divorce in May 2001. Since than, he hasn't paid any type of child support, I've been totally supporting our 4 year old daughter on my own. Because of this, I can't afford an attorney and I've been representing myslef in court. I filed for child support with the courts back in June when I filed the response to the divorce but it was never brought up in our hearing. To make a long story short, I've moved from CA to TN and he is now wanting to settle out of court. His attorney is now drawing up a proposes settle agreement. He says my soon to be ex husband is ''willing'' to start paying child support from January 2002 (as though our daughter didn't exsist this year). He will not pay a cent from the time he left Feb 2001 til today because there was never an court order placed for payment! Now my question is, 1) Can I file with the DA or courts to get retro payments for those months? 2)If so, do I have to file in CA since thats where the original case opened? Thanks for your time.
Tired Mother...
3 Answers from Attorneys
Re: Retro Child Support payment (without a court order)
You can ask the state for assistance in establishing and collecting support, but it could take months or even years. You said that you cannot afford an attorney but you have probably lost months of child support. That support should be about 20-25% of his take home pay, plus one half of the daycare and one half of the uninsured medical costs. (See my web page, www.californiachildsupport.com) Multiply that amount by 11 months that you have already lost and then decide if you can afford not to hire an attorney. Good Luck, Pat McCrary
Re: Retro Child Support payment (without a court order)
you have to file in CA if your husband is still in CA. try going through the DA. its cheaper than an attorney.
Re: Retro Child Support payment (without a court order)
California does not allow the court to make an order that modifies support prior to the date that a motion or OSC is filed requesting support.
You stated that you requested child support in the response. If that is the response to the petition for dissolution of marriage, you cannot collect child support prior to the date you file a motion for support, which for practical purposes would be January 2002.
However, if he filed a motion or OSC and your responded to that with a request for child support you may be able to obtain support from the date of filing of the motion or OSC.
You should obtain legal advice regarding the agreement which you have been asked to sign. Then you will know what you are receiving and what you are giving up. However, it appears that you must act quickly or he will not pay support for January 2002.
Contact the TN department that enforces child support and request action regarding child support. There is not charge for that service.
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