I filed a RFO to retroactively modify/increase child support. The judge increased child support due to me by $47, but for unexplained reasons and I think unfairly the judge did not make the award retroactive to the date I filed the RFO, even though I became unemployed just before I filed the RFO, then had to pawn all my jewelry, and had to get food stamps. The judge also ignored that my ex lied on his I&E and I showed from his bank statements that he makes not $4,000 but $14,500 per month. Also, because child support was increased, did I “prevail” on the RFO? Family Code § 3652 states that “a support order may include an award of attorney’s fees and court costs to the prevailing party.” However, without explanation, the court did not award these either.
You would be the prevailing party and 4 to 14 is a huge difference. Did he say not including the 1 before the 4 was a mistake?
Although your RFO requested retroactivity and attorney fees, did you specifically request it from the Judge at the hearing and it was denied? The Judge must have had a reason for denying the request. If you feel as though things have changed since the last hearing, you can always ry to re-modiy the award. It depends if there as been a change in circumstance though. I would suggest contacting an attorney to at east review the RFO and the Order to determine the best next step.
If you didn't have an attorney, you can't get an attorney fee award, and if you did, then you need to ask the attorney. Your costs would merely be the filing fee for the motion and you have to make the request.
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