Orders for Past Child Support

      The court in Barth confirmed that a court could order child support retroactive to the date that the petition is filed in the divorce case in Orange County.

FACTUAL BACKGROUND OF THE DISSOLUTION PROCEEDINGS

      The parties had been married for several years before moving to California. The wife after having learned that her husband had several affairs returned to her home in Ohio and filed for a divorce. The husband also filed for a divorce in Orange County, California, and then he moved the Ohio court to dismiss the case based upon the fact that the wife had not been a resident of Ohio before she filed her divorce. Eventually the Ohio court agreed with husband and dismissed the case. These proceedings took several years.

DIVORCE PROCEEDINGS

      The California proceedings finally moved forward and the family law judge ordered child support retroactive to the date of filing of the petition. The husband disagreed with the support order and appealed the court’s ruling based upon the fact that the mother did not submit to the jurisdiction of the California family law court system until several years after the petition for dissolution was filed.

APPEAL OF THE DISSOLUTION ORDER

      The appellate court disregarded the husband’s argument and stated that California Family Code Section 4009 allows the court to make a child support order retroactive to the date of filing the petition.

DO YOU NEED HELP WITH ISSUES RELATED TO RETROACTIVE CHILD SUPPORT?

      If you need legal advice and are looking for a family law lawyer in Orange County to address a dissolution issue such as retroactive child support or any other divorce matter such as legal separation, annulment, custody, spousal support and/or property division, please consider our law office in your divorce attorney search. We are located in Laguna Hills right off Lake Forest exit to both the 405 and 5 freeway.

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Treviño Law, Inc.
23151 Moulton Parkway
Laguna Hills, California
Phone (949) 716-2102
Visit us at
www.LawintheOC.com

      Although the posting of this information can be considered free legal advice for a divorce in Orange County, it does not guarantee that there are other facts which may play a significant part in a dissolution. Circumstances in a divorce case may alter the required action and analysis taken by a family law attorney in California.

      Please note that this legal advice does not establish a family law attorney-client relationship. This is a legal advertisement for Treviño Law, Inc.
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