Section 3653 Of Article 1. General Provisions From California Family Law Code >> Division 9. >> Part 1. >> Chapter 6. >> Article 1.
3653
. (a) An order modifying or terminating a support order may be
made retroactive to the date of the filing of the notice of motion or
order to show cause to modify or terminate, or to any subsequent
date, except as provided in subdivision (b) or by federal law (42
U.S.C. Sec. 666(a)(9)).
(b) If an order modifying or terminating a support order is
entered due to the unemployment of either the support obligor or the
support obligee, the order shall be made retroactive to the later of
the date of the service on the opposing party of the notice of motion
or order to show cause to modify or terminate or the date of
unemployment, subject to the notice requirements of federal law (42
U.S.C. Sec. 666(a)(9)), unless the court finds good cause not to make
the order retroactive and states its reasons on the record.
(c) If an order modifying or terminating a support order is
entered due to a change in income resulting from the activation to
United States military service or National Guard duty and deployment
out of state for either the support obligor or the support obligee,
the order shall be made retroactive to the later of the date of the
service on the opposing party of the notice of activation, notice of
motion, order to show cause to modify or terminate, or the date of
activation, subject to the notice requirements of federal law (42
U.S.C. Sec. 666(a)(9)), unless the court finds good cause not to make
the order retroactive and states its reasons on the record. Good
cause shall include, but not be limited to, a finding by the court
that the delay in seeking the modification was not reasonable under
the circumstances faced by the service member.
(d) If an order decreasing or terminating a support order is
entered retroactively pursuant to this section, the support obligor
may be entitled to, and the support obligee may be ordered to repay,
according to the terms specified in the order, any amounts previously
paid by the support obligor pursuant to the prior order that are in
excess of the amounts due pursuant to the retroactive order. The
court may order that the repayment by the support obligee shall be
made over any period of time and in any manner, including, but not
limited to, by an offset against future support payments or wage
assignment, as the court deems just and reasonable. In determining
whether to order a repayment, and in establishing the terms of
repayment, the court shall consider all of the following factors:
(1) The amount to be repaid.
(2) The duration of the support order prior to modification or
termination.
(3) The financial impact on the support obligee of any particular
method of repayment such as an offset against future support payments
or wage assignment.
(4) Any other facts or circumstances that the court deems
relevant.