CALIFORNIA FAMILY LAW
...Child Support
......Retroactive Award
.........Retroactive Modification
 14 Cards On This Topic:
  • Child support modification order may be retroactive to time of filing of notice of motion or OSC to modify; Court may order obligee to repay excess paid over new order.
  • Retroactive modification presumed for military members being deployed out of state.
  • Trial ct. may reserve jurisdiction to modify a temp. support order retroactively, after receipt of additional evidence; since such order is modifiable, it is not final and not appealable.
  • Retroactive modification properly denied where it would have resulted in W’s losing home, to C’s detriment, and no unreasonable financial burden on H.
  • No abuse of discretion in declining to make c/s modification order retroactive, where court gave specific reasons, supported by evidence, to constitute good cause to refuse retroactivity. [FC 3653.] Good cause defined.
  • Since amount of c/s being paid was inadequate, court acted within its discretion not to order reimbursement of overpayment.
  • Superior court lacked the equitable power to forgive accrued c/s arrears in violation of FC 3651(c) in response to father's modification motion.
  • Trial ct. abused discretion in failing to award retroactive child support back to filing of motion; focus needs to be on Cs’ needs, not parents’ expenses.
  • Retroactive application of FC 3653 for support overpayment reimbursement is constitutional.
  • Child support order properly increased retroactively to date OSC filed.
  • Although child support cannot be "modified retroactively," where original order based on fraud, it can be set aside and new order entered retroactively.
  • Child support may only be modified retroactive to date of filing motion.
  • Child support order for payment of child's medical expenses accrued prior to filing motion is not retroactive support modification.
  • Courts may not reduce, forgive or retroactively modify accrued child support arrearages.


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