CALIFORNIA FAMILY LAW
...Spousal Support
......Retroactive Orders
.........Retroactive Modification
13 Cards On This Topic:

Spousal support modification order may be retroactive to time of filing of notice of motion or OSC to modify; obligation to repay excess.

Court may not modify support which has already accrued prior to filing of motion to modify.

Court may not modify support which has accrued on a temporary (pendente lite) spousal support order prior to the filing of a motion to modify.

Trial ct. may reserve jurisdiction to modify a temp. support order retroactively, after receipt of additional evidence; since such order is modifiable, it is not final and not appealable.

Pendente lite support orders may not be modified retroactively beyond filing of motion.

Supported spouse is entitled to rely on the temporary support ordered without threat of having to repay or credit paying spouse any portion of it.

Where W had need and H had ability to pay, trial ct. must state reasons for failing to modify temporary spousal support retroactively back to date of filing motion; policy considerations different for child support.

Retroactive order of pendente lite spousal support is proper if permitted by prior stipulation of parties.

Spousal support modification may be made retroactive to date of original denial of request to modify if order denying modification is subsequently reversed on appeal.

Court may not order supported spouse to reimburse paying spouse for past support received when there is no motion to modify support pending.

Court without jurisdiction to modify H's spousal support back to date he lost his job.

Modifications may be retroactive only to date of filing motion.

Retroactive modification of support orders.