QUESTION
Im the stepfather of three children, can i get back pay for them.
Asked on Mar 18th, 2014 on Child Support - California
More details to this question:
As I am the stepfather of three children and have provided for them for seven years, and the father has made no attempt to pay child support to me nor the mother.And the father is on ssocial security and lives in Washington. Can I take him to court to get back child support for the last seven years.
1 ANSWER
Civil Litigation Attorney serving Arcadia, CA
Partner at
Law Office of Sina Mohajer
In general, an original order for child support may be made retroactive to the date of filing the petition, complaint, or other initial pleading. See Family Code § 4009.
The statute cannot reasonably be read to permit courts to make a support order retroactive to a date prior to the filing of the notice of motion or order to show cause.
Therefore, I recommend either you or the mother file papers for child support immediately to ensure the children are receiving support as soon as possible.
I hope this has answered your question. If you would like to discuss this further, feel free to contact me at your earliest convenience.
Answered on Mar 19th, 2014 at 4:43 PM