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Retroactive child support order in CA

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cala833

Member
What is the name of your state (only U.S. law)? CA

Finally after 18 months of waiting and fighting with my ex-husband, I received a child support order. For some reason the Judge only ordered my ex-husband to pay retroactive only for the past two months instead of 18 months. My ex agreed to make a child support order twice a month. The Judge never mentioned or did not propose any kind of the payment plan for the two retroactive months. Now he is insisting for me to agree to accept a small monthly payments for the next 18 months. I was wondering if someone have an answers for the following questions:

1. Why Judge made a retro order only for the last two months and not 18, since I filed for the child support last year. Can I appeal courts order and is it worse it?

2. Can I push my ex to pay me retro for the last two month as a one payment?
 


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single317dad

Senior Member
cala833 said:
What is the name of your state (only U.S. law)? CA

Finally after 18 months of waiting and fighting with my ex-husband, I received a child support order. For some reason the Judge only ordered my ex-husband to pay retroactive only for the past two months instead of 18 months. My ex agreed to make a child support order twice a month. The Judge never mentioned or did not propose any kind of the payment plan for the two retroactive months. Now he is insisting for me to agree to accept a small monthly payments for the next 18 months. I was wondering if someone have an answers for the following questions:

1. Why Judge made a retro order only for the last two months and not 18, since I filed for the child support last year. Can I appeal courts order and is it worse it?

2. Can I push my ex to pay me retro for the last two month as a one payment?
Click to expand...
- Did you have an attorney, or did you represent yourself? If you had an attorney, you should ask him/her. If not, the judge is the only one who can answer that question.

- Is English your first language? I don't ask that to be mean; I'm asking because your communication skills may have affected the outcome.
 
P

Proserpina

Senior Member
cala833 said:
What is the name of your state (only U.S. law)? CA

Finally after 18 months of waiting and fighting with my ex-husband, I received a child support order. For some reason the Judge only ordered my ex-husband to pay retroactive only for the past two months instead of 18 months. My ex agreed to make a child support order twice a month. The Judge never mentioned or did not propose any kind of the payment plan for the two retroactive months. Now he is insisting for me to agree to accept a small monthly payments for the next 18 months. I was wondering if someone have an answers for the following questions:

1. Why Judge made a retro order only for the last two months and not 18, since I filed for the child support last year. Can I appeal courts order and is it worse it?

2. Can I push my ex to pay me retro for the last two month as a one payment?
Click to expand...

1. You'll have to ask the Judge; while the Judge can make the obligation retroactive, there's no guarantee it will happen.

2. You can ask the court to order that but again there's no guarantee.

How long was it between the date of filing and the date Dad was served?
 
C

cala833

Member
I'm very unhappy with my lawyer but I don't have much choice at this point. She is just not good as a attorney. I'm trying to find some answers hereoso I could tell my attorney what to do. She would agree to everything what my ex offer.
 
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Proserpina

Senior Member
cala833 said:
I'm very unhappy with my lawyer but I don't have much choice at this point. She is just not good as a attorney. I'm trying to find some answers hereoso I could tell my attorney what to do. She would agree to everything what my ex offer.
Click to expand...

The problem is that there is no statute compelling the court to make the order retroactive.
 
CJane

CJane

Senior Member
Which means that the amount of arrears, as well as the payment requirements, if specified, are entirely up to the judge.
 
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