An initial child support order can be made retroactive to the date the Petition is filed. This is set forth below in Ca Family Code section 4009: 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.
This case best illustrated in In Re Marriage of Barth. A case that was resolved in October of 2012. In that case, Husband was having an extramarital affair which resulted in the wife moving with the children from California to Ohio in 2004. However, in 2007, Husband was successful in having the case transferred back to California. Despite Husband’s objection, when the child support order was made, the court made the order retroactive to the date that wife filed for divorce in Ohio creating an arrears order in excess of $100,000 based on husband’s income over the years.
Depending on which side of equation you fall on, you will need a competent and aggressive family law attorney to either a) help you obtain the maximum of amount of support you are entitled to under the gamily code or b) help you minimize your exposure to a large arrears order such as the Husband in Barth had.
Please contact the Law Offices of Paul A. Eads located in Covina to assist you with all of your child support needs and if you are facing any kind of arrears order.