§ 4009 Retroactive Child Support Orders

Family Code·California

AI SummaryVerified

This law says child support can start from the day someone asks for it in court, but if the other parent wasn't told about it within 90 days and wasn't hiding, it starts when they find out.

Key Takeaways

•Child support usually starts when someone asks for it in court.
•If the other parent isn't told within 90 days and wasn't hiding, support starts when they find out.
•The court decides if the parent was really hiding or not.

Example

A mom files for child support on January 1st, but the dad isn't told until April 1st because he moved and didn't get the papers.

If the dad wasn't hiding, he only has to pay child support starting from April 1st, not January 1st.

AI-generated — May contain errors. Not legal advice. Always verify source.

Official Source

View on CA.gov

§ 4009 Retroactive Child Support Orders

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. (Amended by Stats. 2004, Ch. 305, Sec. 3. Effective January 1, 2005.)

Last verified: January 9, 2026

Key Terms

original order child support retroactive date of filing petition complaint initial pleading served 90 days intentionally evading service date of service

References

Official text at leginfo.legislature.ca.gov
California Legislature. Family Code. Section 4009.

§ 4009 Retroactive Child Support Orders

Family Code·California

AI SummaryVerified

§ 4009 Retroactive Child Support Orders

This law says child support can start from the day someone asks for it in court, but if the other parent wasn't told about it within 90 days and wasn't hiding, it starts when they find out.

Key Takeaways

•Child support usually starts when someone asks for it in court.
•If the other parent isn't told within 90 days and wasn't hiding, support starts when they find out.
•The court decides if the parent was really hiding or not.

Example

A mom files for child support on January 1st, but the dad isn't told until April 1st because he moved and didn't get the papers.

If the dad wasn't hiding, he only has to pay child support starting from April 1st, not January 1st.

AI-generated — May contain errors. Not legal advice. Always verify source.

Official Source

View on CA.gov

§ 4009 Retroactive Child Support Orders

Last verified: January 9, 2026

Key Terms

original order child support retroactive date of filing petition complaint initial pleading served 90 days intentionally evading service date of service

References

Official text at leginfo.legislature.ca.gov
California Legislature. Family Code. Section 4009.

Key Takeaways

Example

Key Terms

Related Statutes

References

Key Takeaways

Example

Key Terms

Related Statutes

References