Dandona

Under Family Code section 3653 a party who makes overpayments of support may obtain reimbursement. We conclude that retroactive application of section 3653 is constitutional.

Jean Marie Dandona appeals a modification order requiring her to reimburse William Araluce for child and spousal support overpayments he made to her over a 14-month period, beginning February 1, 1999. 2 We conclude that the trial court’s retroactive application of section 3653 is consistent with legislative intent and does not impair Jean’s contractual rights or violate her right to due process of law. The trial court did not abuse its discretion by ordering reimbursement retroactive to the filing of William’s motion for modification. We affirm.

*1123 Facts

A judgment of dissolution of marriage incorporating the marital settlement agreement ordered William to pay child and spousal support to Jean. On January 28, 1999, William filed a motion to modify child support and terminate Jean’s spousal support.

Jean responded, stating her annual income was $60,294, net monthly disposable income was $4,146.50, and she had over $382,000 in financial resources. William stated his annual income was…