Is a court order modifying support retroactive to any time period before the filing date of the modification motion?

California, United States of America


The following excerpt is from Beasley v. Beasley (In re Marriage of Beasley), C086006 (Cal. App. 2019):

"A court order modifying support retroactive to any time period before the filing date of a modification motion would thus violate the governing statutory scheme. Such an act, moreover, would be in excess of the court's jurisdiction. [Citation.] ' "A court acts in excess of jurisdiction 'where, though the court has jurisdiction over the subject matter and the parties in the fundamental sense, it has no "jurisdiction" (or power) to act except in a particular manner, or to give certain kinds of relief, or to act without the occurrence of certain procedural prerequisites.' " ' [Citation.]" (Stover v. Bruntz (2017) 12 Cal.App.5th 19, 26.)

Other Questions


What is the test for a motion to review an order from the Superior Court of Appeal against a motion of appeal against an order requiring the Court to review the order? (California, United States of America)
How does a court review an order granting or denying a modification of a child support order for abuse of the child? (California, United States of America)
On a motion to be heard by the Court of Appeal at the Superior Court of California for a change of venue, does the Court have any jurisdiction or authority to hear the motion? (California, United States of America)
When a child support agreement is incorporated in the child support order, does the court have a duty to exercise its discretion over child support? (California, United States of America)
Is a motion to modify a sentence in a personal injury case an unauthorized and unauthorized appeal from the order of the Superior Court of Appeal denying the motion? (California, United States of America)
What is the legal test for approval of a motion by the California Supreme Court on a motion to approve a motion for approval by the Court of Appeal? (California, United States of America)
What is the impact of a motion to amend a motion in the Superior Court of Appeal against a motion by a defendant who alleges that the motion was improperly adjourned? (California, United States of America)
Is there any case law supporting a motion for relief from default where the trial court refused to allow the appellant to present any evidence to refute the motion? (California, United States of America)
What is the test for a motion where the Court of Appeal found that a lower court found that there was insufficient evidence to support the Plaintiff's claim? (California, United States of America)
When a court of appeal has an appealable judgment or order before it, does the court have jurisdiction to affirm, reverse or modify it? (California, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.