New case law states that it depends on the status of the case whether or not you are entitled to retroactivity. In Re Marriage of Gruena¸ (2011), the court held that temporary child support orders may not be modified retroactively. The exception to this rule, is if the Order to Show Cause is continued with a later court date, subject to retroactivity. If the court hears the Order to Show Cause, makes orders, and there is no pending Order to Show Cause date, then the parties cannot later seek retroactivity. The purpose of temporary orders is to maintain the living conditions and standards of the parties as closely as possible to the status quo, pending trial. Section 3603 of the Family Law Code makes no provision for suspending a spousal support order or modifying it retroactively beyond the date that the underlying request for modification was filed. The court cannot always retain jurisdiction to retroactively modify a temporary order if that same Order to Show Cause is not currently pending.

As you can see case law is constantly affecting the rules and procedures that can significantly impact your case. Therefore, it is crucial that you seek a knowledgeable family law attorney to get you the best possible outcome. Wallin & Klarich has more than 30 years of experience in family law. Our attorneys know from long experience in support cases, and are prepared to fight to get you the best possible outcome. With 16 attorneys in 33 offices throughout Southern California, we can be there when you need us – wherever you are. If you’re thinking of hiring an attorney for a support matter, call us today at 1-888-749-7428 for a consultation.