It is possible.......that a client may fail to request temporary
spousal support "unknowingly"......
and in so doing, because an "agreement" or stipulation was entered as to permanent support, and there was no motion to the court asking for temporary support-- there was no date to which a trial court could make the permanent support order retroactive in accordance with Family Code Section 4333. Family Code section 4333 controls the permissible date on which a permanent spousal support order may begin.
In contrast, an order for temporary spousal may, at the court's discretion, be made retroactive to the date on which the petition for dissolution was filed, or in some cases, on the date that the request for order was filed.
[Under FC4009, an original order for child support may generally be made retroactive to the date of filing the petition, complaint, or other initial pleading]
Basically, without a filed separate request for temporary spousal support (via RFO normally), the court may not make a spousal support order retroactive to the "filing" date of a petition for dissolution.
The bottom line is that in most cases, it is best to ask for temporary spousal via filed motion just to be sure. The fact that you filed it and it is heard will cover the problem encountered above. The opinion on this case, (Mendoza v Cuellar) was August 25 2017 Fourth Appellate District California.
If you want/or need spousal support call attorney herein today.
Where your ex is self employed, claims not to be working [but is working], is frauding the system, or other issues which might cause ability to obtain temporary support difficult--attorney has years of experience in difficult issues such as these and may be able to help you. Call 530.359.8810 for help.
spousal support "unknowingly"......
and in so doing, because an "agreement" or stipulation was entered as to permanent support, and there was no motion to the court asking for temporary support-- there was no date to which a trial court could make the permanent support order retroactive in accordance with Family Code Section 4333. Family Code section 4333 controls the permissible date on which a permanent spousal support order may begin.In contrast, an order for temporary spousal may, at the court's discretion, be made retroactive to the date on which the petition for dissolution was filed, or in some cases, on the date that the request for order was filed.
[Under FC4009, an original order for child support may generally be made retroactive to the date of filing the petition, complaint, or other initial pleading]
Basically, without a filed separate request for temporary spousal support (via RFO normally), the court may not make a spousal support order retroactive to the "filing" date of a petition for dissolution.
The bottom line is that in most cases, it is best to ask for temporary spousal via filed motion just to be sure. The fact that you filed it and it is heard will cover the problem encountered above. The opinion on this case, (Mendoza v Cuellar) was August 25 2017 Fourth Appellate District California.
If you want/or need spousal support call attorney herein today.
Where your ex is self employed, claims not to be working [but is working], is frauding the system, or other issues which might cause ability to obtain temporary support difficult--attorney has years of experience in difficult issues such as these and may be able to help you. Call 530.359.8810 for help.