Retroactive Modification of Support and Family Code Sec. 4009

[DavidM75]

My question involves child support in the State of: CA


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

For example, if my wife filed Child Support 2 yrs ago, she can retroactive back to the date she filed. What happens if she filed a modification 2 months ago. Does the modification terminate any chance for a Retroactive on the CS when she first initially filed for CS?

Hope my question is clear.

[Mr. Knowitall]

If she filed for child support two years ago, and it was granted 20 months ago, she received a child support order at that time. If she later files a motion for modification (e.g., 2 months ago), per the statute above the retroactive modification should not extend past the filing date of the motion to modify.

If no support was ordered two years ago, what would she be modifying?

[DavidM75]

Got it.

So for example if she were to do retro the first time she filed the motion for child support she was granted, she can only retro up to the point where she filed the second motion to modify payments.

Correct me if I'm wrong please.