Q: Minute order for CS was drafted on 4/23. Minute order was review & amended. Can I get retro CS since it was a court erro
Petitioner was order to pay child support but minute order was worded incorrectly by the courts clerk on 4/23. I recently request it to be reviewed and amended. They finally sent the new correct minute order, I’m self represented so I didn’t know I could do this even though I repeatedly talked to the court house, paralegals and DCSS about it no one advice me any better. I want to know if the minute order can be used to enforce child support and it retroactive from the date of the court hearing
A: Court orders for child support tend to be retroactive to the date the motion (request for order) was filed requesting it.
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A:
Good morning,
If a minute order for child support was initially drafted incorrectly and later corrected, it's possible to enforce child support retroactively. Generally, child support is enforceable from the date it was originally ordered by the court, even if the written order was incorrect and subsequently amended.
If you've recently had the minute order reviewed and amended to reflect the correct terms, this amended order can be used to enforce child support. The key factor is the date when the court originally ordered the support, not the date when the minute order was corrected.
It's important to communicate with the Department of Child Support Services (DCSS) regarding the enforcement of the amended order. Provide them with the corrected minute order and explain that it reflects the court's original intent. They should assist in enforcing the order from the original date of the court's decision.
Since you are self-represented, consider seeking guidance from a legal aid organization or a family law facilitator at the court. They can offer valuable assistance in navigating the process of enforcing child support orders and understanding your rights and obligations.
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