California Judicial Council Issues Emergency Corona Virus (Covid-19) Rule for Retroactive Support Modification

California family lawyers have been concerned about support modifications because the Family Code provides that modifications can only be retroactive to the date of filing the motion.  But people have not been able to file their requests to modify, because of the partial court closures.  On April 20, 2020, the California Judicial Council issued the 13th Emergency Rule Related to Covid-19.  That rule says,

Except as provided in Family Code section 3653(b), an order modifying or terminating  a support  order may be made effective as of the date the request and supporting  papers are mailed  or  otherwise  served  on  the  other  party,  or  other party’s  attorney  when  permitted.  Nothing in this rule restricts the court’s discretion to order a later effective date.

Rule 13 also prescribes procedures to be followed. This rule will remain in effect until  90 days after the Governor  declares that the state of emergency related to the COVID-19 pandemic is lifted, or until amended or repealed by the Judicial  Council.  See the emergency rules here.