Salinas, CA asked in Child Custody, Child Support, Divorce and Family Law for California

Q: How is back child support calculated? And how is the start date determined?

Married 8 years with 2 kids 11 and 7

Separated for the last 3 years.

We have a written mutually set amount of 1700/ month for Child support. Aug2017-oct2019 (letter, emails and bank statements as reference)

October of 2019 communication between us turned. child support stopped for October and November. With the promise to catch up and get back on track. in December 2019 he sent 2k.

It has been 10.5 months since any support has been received.

His gross monthly is 10k We share the kids 20%- him 80% me and I have not been able to work.

1 Lawyer Answer
Manuel Alzamora Juarez
Manuel Alzamora Juarez
Answered
  • Berkeley, CA
  • Licensed in California

A: Sometimes MSA's for child support work and sometimes it has serious consequences. In the case of retroactive child support, the courts look at date of separation and often to the date of request for orders. Your retroactivity, I have found to my chagrin begins from the date of request for orders. Thus, you year without getting any child support may be overlooked by the court. If you are having a difficult time, ask the child services department to help you and get you support for your child.

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