Legal Question in Family Law in California
For years I never received childsupport for my two children from the father. He always had excuses. Later both children expressed that they wanted to try living with their dad. I hesitated at first but then let them go. A short period of time went buy and their father sued me for childsupport and I've had to pay ever since. I was appauled after spending years of supporting them with no assistance. Now the younger of the two will be turning 18yrs old and soon I will no longer have to pay. My question is there any way to pursue for childsupport for all the past years that I did not receive any help? or is it too late?
1 Answer from Attorneys
It's incredibly late. By statute, child support orders can only be made retroactive to the date of the petition, or the date of the OSC for child support.
"An original order for child support may be made retroactive to the date of filing the petition, complaint, or other initial pleading. If the parent ordered to pay support was not served with
the petition, complaint, or other initial pleading within 90 days after filing and the court finds that the parent was not intentionally evading service, the child support order shall be
effective no earlier than the date of service." (Fam. Code, sect. 4009.)
I imagine that his petition was the only one filed, and at that time he had physical custody.
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.
