Practice Tips For Child Support Orders:
By the time you arrive at a support hearing, at least 30 days will have passed since you filed your Request for Order. Upon request courts typically order child or spousal support orders retroactive to the first or the fifteenth day of the month in which you filed, whichever is closest to the filing date. This means that if you file a child support application on the 14th day of February, most courts will make the orders effective on February 15. However, if you file on February 16, many courts will make their orders retroactive only to March 1. Hence, whenever possible, file your application as early as you can. This results in immediate built-in arrears which can be significant in high earner cases, or where the ultimate hearing gets stalled for some months.
CALIFORNIA FAMILY CODE
Division 9. SUPPORT
Part 2. CHILD SUPPORT
Chapter 2. COURT-ORDERED CHILD SUPPORT
Article 1. General Provisions
Fam. Code section 4009
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.