Los Angeles, CA asked in Child Support and Family Law for California

Q: Can I request from a judge to retro a new child support order in California?

I have 50/50 custody of my 17 year old daughter with my ex. He moved out of our home state (California) to Texas and has not seen my daughter once in over two years. He has paid me $275 (total) in expenses in the last two years. I have paid for her entire wellbeing (medical, food, etc.). It took 11 months to get my case heard that I submitted 5/16/22 and just found out at our "meet and confer" that the support would only be effective 3/1/23. I am wondering if there is any way to request to have the child support retroactive to the time he relinquished all parental responsibility when he moved out of the state?

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1 Lawyer Answer
James L. Arrasmith
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  • Sacramento, CA
  • Licensed in California

A: In California, a child support order can be modified if there has been a change in circumstances since the original order was issued. This could include a change in income, a change in custody or visitation arrangements, or a change in the child's needs.

Based on the information you provided, it appears that there has been a significant change in circumstances since the original child support order was issued, as your ex has not provided any financial support for your daughter for the past two years and has not seen her during that time. Therefore, it may be possible to request a modification of the child support order to make it retroactive to the time when your ex relinquished all parental responsibility.

However, it is important to note that the specific rules and procedures for requesting a retroactive child support order can vary depending on the jurisdiction and the specific circumstances of the case. Therefore, it may be helpful to consult with a family law attorney who is familiar with the laws and procedures in California to determine the best course of action for your situation.

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