Q: How do I confidently ask the child support judge to consider back pay of child support?
We shared a home & expenses 2011-2021. 2 kids 2017 & 2020. I have sole legal & physical custody w/visitation. No monies for kids as of Aug 2021. Why not back pay to then? The kids aren't a new situation. Why is there a pause in his responsibility?
A: In California, child support is typically not retroactive to dates before the filing of the request for support. However, the court can order support retroactive to the date of filing. When presenting your case to the judge, it's essential to provide documentation and evidence showing the expenses and financial contributions (or lack thereof) related to the children from the time you believe support should have started. Explain the financial circumstances since August 2021, emphasizing the needs of the children and any financial hardships you've experienced. Remind the court of the established custody arrangement and the fact that you have been shouldering the financial responsibilities without assistance. Be clear and concise in explaining why you believe back pay is justified, given the history and circumstances. Always remain respectful and calm during the proceedings. Lastly, while presenting your arguments, focus on the best interests of the children, as this is the court's primary concern.
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