How is childsupport back pay calculated?

My child is 6 years of age and the father and I are sadly going to court now. If the court awards him to pay me child support will he also be made to pay back pay for the previous 6 years?

Los Angeles, CA -

Attorney Answers (3)

Michael Raymond Daymude

Michael Raymond Daymude

Litigation Lawyer - Sherman Oaks, CA
Answered

Child support is awarded prospectively only. If you have an outstanding support order which has not been fully satisfied the father will have to pay what he has been ordered to pay but has not paid. If this is the first support order you are seeking, the father starts off with a clean slate and only has to pay support going forward.

I am licensed in California only and my answers on Avvo assume California law. Answers provided by me are for... more
Rhonda Diane Ellifritz

Rhonda Diane Ellifritz

Child Support Lawyer - Santa Ana, CA
Answered

You can only go back to the date you filed your request. If you have not asked in 6 years, they will not make him pay it.

Since legal advice must be tailored to the specific circumstances of each case, and laws are constantly changing,... more
Bettina Yanez

Bettina Yanez

Child Support Lawyer - Orange, CA
Answered

No, he will not be ordered to pay for the past six year time period in which you did not request child support. If you file for support on September 20, then if the court makes a child support order the Child support will begin on October 1.

This does not create an attorney client relationship. Responses are fact specific and the response may differ... more

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