Journal of Contemporary Legal Issues Issue Search
|Title||Making Alimony Orders Retroactive|
|Abstract||Proceedings for an alimony award implicating retroactivity begin with an order to show cause or notice of motion. No doubt good practice would include a request for retroactive treatment of the requested award, along with evidence in support of the request, in the moving papers.
The retroactivity statutes should be considered in the context of California’s rule that “a support order may not be modified or terminated as to an amount that accrued before the date of the filing of the notice of motion or order to show cause to modify or terminate.” Thus, arrearages generated prior to the motion cannot be altered by the court.