Family Code section 3653(b) states that the order is retroactive to the date of service of the motion, not date of filing. When was the RFO served? Will it make a substantial difference if you look at date of service?
The Minute Order controls unless it do es not accurately reflect the ruling of the court.
The judge MAY make the order retroactive, but is not required to do so. Subsection (a) reads: "An order modifying or terminating a support order MAY BE MADE retroactive to the date of the filing of the notice of motion or order to show cause to modify or terminate, OR TO ANY SUBSEQUENT DATE."
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The effective date specified in the code is the farthest outside time that an order can be made retroactive. The court has discretion to weight the facts in a given case and decline to make it retroactive at all or as far back as the date of filing. The date stated in the Minute Order is going to control unless the minute order inadvertently does not reflect the court’s intended order.
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