An Order of Child Support Can Be Made Retroactive
Question: I have filed for divorce. It’s been five months since I served my spouse. My spouse answered the petition. Now I intend to seek an order of the court for child support from my soon to be ex. Can the Court make the child support retroactive to the date I served my spouse with the divorce petition?
Answer: Child support may be ordered retroactive to the filing of the petition for dissolution. Family Code 4009 is the authority which provides: “An original order for child support may be made retroactive to the date of filing the petition, complaint, or other initial pleading. If the parent ordered to pay support was not served with the petition, complaint, or other initial pleading within 90 days after filing and the court finds that the parent was not intentionally evading service, the child support order shall be effective no earlier than the date of service.”