County of Santa Clara v. Perry

In County of Santa Clara v. Perry (1998) 18 Cal.4th 435, the California Supreme Court decided whether child support may be retroactive to the date of filing of the complaint or the date of filing of the motion or order to show cause. The court reasoned: ". . . Until there is at least a prima facie showing of paternity, the defendant in a paternity action remains a legal stranger to the child. Indeed, the Legislature may be as eager to encourage prompt establishment of paternity as it is to ensure adequate child support." County of Santa Clara v. Perry, supra, 18 Cal.4th at page 446. Therefore, the court held that, ". . . the retroactivity of the support order is determined by the date of filing of the notice of motion or order to show cause." County of Santa Clara v. Perry, supra, 18 Cal.4th at page 445.