Can I get Retroactive Child Support?
Retroactive child support is a child support award that allows the collection of payments before the order to pay was actually finalized (e.g. back pay for child support). Retroactive child support payments are different than late or unpaid child support payments that were previously ordered by the court.
In California, the court can award child support retroactive to the date the petition was filed, so long as the non-custodial parent is given notice that the other parent has filed a petition for child support.
There are significant limits on collecting retroactive child support in California. In most cases, retroactive child support will only be granted back to the date of filing if the non-custodial parent was served 90 days or less after the petition was filed, assuming that they did not deliberately try to avoid or delay service.
If service takes longer than 90 days, through no fault of the person being served, child support payments will be calculated from the date of service, not the date of filing.
Contact the Law office of Sean M. Patrick for a free consultation about your California Child Support or other family law case.