California retroactive child support payment are child support payments for a period that the non-custodial parent did not pay any child support. This means that the court is seeking child support for a period before the order to pay was actually finalized. Retroactive child support payments are different than late or unpaid child support payments that were previously ordered by the court.
As of July 2017, a parent seeking retroactive child support must follow the following steps in order to collect retroactive child support payments:
Once the judge makes the order, you will get a new wage assignment with the child support amount plus installment payments of the child support payments you are owed.
In California, retroactive child support payments are required if:
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 service, which is the date the other parent was notified of the request. 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.
The amount that the court orders for the payments to be backdated to could be to the date the notice was service or any subsequent date decided by the court. When calculating retroactive child support payment amounts, these factors are considered:
Also, the State of California allows interest to be charged for all missed child support payments at a rate of 10% per year. Interest accrues from the date it is due to the date of the court’s final judgment for the late payments.
In California, modifications of child support payments occurs when one parent or both parents petition the court to modify the existing amount of payments the court has already ordered. The difference between retroactive payments is that retroactive payments back-dates the payments to a period that the non-custodial parent was not ordered by the court to pay. Courts will not retroactively change the amount of support that was already owed.
Modifications deal with future payments while retroactive payments deal with payments that was before the actual child support payment the court ordered.
Learn more here: Modifying Child Support Payments
The issues surrounding child support in California can get pretty complicated. For that reason, you should not hesitate to contact an experienced family law lawyer if you are facing a retroactive child support petition, or believe you are entitled to retroactive child support. A California family law attorney can provided you more information if there is a legal basis for the claim.
Last Modified: 10-05-2017 12:43 AM PDTLaw Library Disclaimer
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