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...
