12
May

In County of Los Angeles Child Support Services v. Watson, the Department of Child Support Services Department (“CSSD”) filed a complaint seeking child support of $324 per month.  On November 15, 2017 CSSD filed a Complaint and a Proposed Judgment, seeking for child support payments to start on December 1, 2017.  CSSD served Mr. Watson on February 19, 2018.  On May 2, 2018, the Court entered default against Mr. Watson and ordered that child support payments start on March 1, 2018, a few days after Mr. Watson was effectively served. CSSD appealed. The Court relied upon on Family Law Codes §4009 for the effective date of support payments.  Section 4009 provides:

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.

The Court of Appeals reversed the trial court’s determination that child support starts on March 1^st. The Court of Appeals found that the trial court cannot rely upon Section 4009 without a finding that Mr. Watson was not “intentionally evading service.” Thus, Mr. Watson must pay child support backdated to December 1, 2017.

The takeaway here is that the courts are extremely serious about enforcing child support orders/judgments.  Thus, if you receive notice of a child support action against you, you should immediately consult with an experienced family law attorney to determine the best course of action.  Mr. Watson in this case was not aware of the child support action against him until February 19th when he was served, and he did not seek counsel to protect himself. As a result, his child support obligation backdated to three months prior to him being properly served.