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DID YOU KNOW BY LOS ANGELES FAMILY LAW ATTORNEY F.M. ZAVALA

RETROACTIVITY OF ORDER MODIFYING CHILD OR SPOUSAL SUPPORT


Under California Family Code section 3653.


(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.

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