In Re Marriage of Goosmann

Bad Law
1994 Cal. App. LEXIS 705·26 Cal. App. 4th 838·31 Cal. Rptr. 2d 613·94 Daily Journal DAR 9673·94 Cal. Daily Op. Serv. 5302
Court of Appeal of CaliforniaJuly 6, 1994H010855California2,555 words

Opinion

Opinion

Premo, J.

— Richard B. Goosmann appeals from the trial court’s order awarding child support to his ex-wife, Mary B. Goosmann (now Mary Fisher). Richard contends that the trial court erred by awarding, in 1992, child support retroactive to 1990. We conclude that although the issue of child support was raised in 1990, it was not decided. We hold that an original child support order may be retroactive only to the date of the filing of the motion for support or to the date of the order to show cause seeking child support. (Civ. Code, former § 4700, subd. (a), now Fam. Code, §§ 4009, 3651 et seq.) The trial court’s order awarding retroactive support was thus improper, and we reverse the order with respect to the improperly retroactive portion.

Facts and Procedural Background

Richard and Mary were married for four years before they separated. They have two daughters, now nine and twelve years old. The parties entered into a marital settlement agreement in October 1985, and Richard petitioned for dissolution of the marriage on January 10, 1986. Mary filed her response on February 24,1986, in which she requested an award of child support. Earlier that day Richard had taken Mary’s…

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