QUESTION
Can I ask for retroactive child support from child's birth at an upcoming modification hearing?
Asked on Jun 17th, 2014 on Child Support - California
More details to this question:
I was not able to locate the noncustodial mother, a friend of my mine help me locate her about 3 years ago. I applied for child support at that time in california and she was paying the ordered support. Yesterday, I was served with court papers stating I had to appear in the superior court because she was requesting a modification. When I originally applied for child support, I was not aware that the court, if asked when the oringinal order was enter, could consider granting retroactive child support to child's birth even before an application for child was entered. My question is can I ask the judge at the modification to consider retroactive child support back to the child's birth if the parent knew about the child but was not able to be located and never paid child support until the child was 12 yrs old? Is that something that has ever been granted?
1 ANSWER
Family Law Attorney serving San Rafael, CA
at
Richard Helzberg
Update Your Profile
You would have had to request it when you first requested child support. The points you make, however, should be made to the court in any hearing, so the judge knows the facts about support and your inability to find the other parent. Get a private attorney, or if you can't, see the Family Court Facilitator who is an attorney and you pay no fees, at your county courthouse.
Answered on Jun 18th, 2014 at 3:08 PM