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Author Topic: cs in CA  (Read 1112 times)

mishelle2

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cs in CA
« on: Jan 05, 2006, 10:18:55 AM »
1.)Can you tell me where the CA law states that the courts cannot set an amount of child support to be paid back for time prior to filing?

As my husbands order is dated Aug 98 and support was ordered from 94-98 of arrears owed to state and custodial parent,  judgement was entered by default in Orange county.


catherine

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I found
« Reply #1 on: Jan 05, 2006, 11:59:34 AM »
http://www.leginfo.ca.gov/cgi-bin/displaycode?section=fam&group=03001-04000&file=4000-4014

4009.  An original order for child support may be made retroactive
to the date of filing the petition, complaint, or other initial
pleading.  If the parent ordered to pay support was not served with
the petition, complaint, or other initial pleading within 90 days
after filing and the court finds that the parent was not
intentionally evading service, the child support order shall be
effective no earlier than the date of service.


So the question is, what was the filing date of her request for assistance and/or for CS?  When were the parties no longer living together?

mishelle2

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RE: I found
« Reply #2 on: Jan 05, 2006, 12:47:50 PM »
parties never lived together, never married, I am unsure when she was on assistance, however it states an amount is owed to the county for assistance and the rest is owed to the custodial parent. . the orders filing date is Aug 18 1998, it reads:

XX Defendant father shall pay child support for the period from Dec 1994-Oct 1995 through November 1995 through August 1998 in the total amount of $$,$$$. Of that Arrearage, $,$$$ is  owed to county of Orange and $$,$$$ is owed to custodial parent.
XX as the child emancipates child support for the child shall be applied towards payment on arrears.

 

socrateaser

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RE: I found
« Reply #3 on: Jan 05, 2006, 01:02:17 PM »
>parties never lived together, never married, I am unsure when
>she was on assistance, however it states an amount is owed to
>the county for assistance and the rest is owed to the
>custodial parent. . the orders filing date is Aug 18 1998, it
>reads:
>
>XX Defendant father shall pay child support for the period
>from Dec 1994-Oct 1995 through November 1995 through August
>1998 in the total amount of $$,$$$. Of that Arrearage, $,$$$
>is  owed to county of Orange and $$,$$$ is owed to custodial
>parent.
>XX as the child emancipates child support for the child shall
>be applied towards payment on arrears.


The law cited by catherine was passed AFTER 1998, and is not retroactive, thus it doesn't apply to the above order. Federal law states that the order may not be made retroactive to the date of the filing of the motion or order to show cause to modify support, however, if the above ordered text comes from a INITIAL order, and not a modification, then CA has interpreted this to squeeze around what is obviously an inadvertant loophole in federal law.

Therefore, in plain English, you're SOL.

Sorry.

 

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