Under certain circumstances the amount of retroactive child support in the state of Florida may be limited, including times when: Those who are seeking retroactive child support may fear it will affect their future child support payments, however, retroactive child support does not reduce future payments which were ordered by the court and finalized by the court.
The state of Florida allows collection of child support prior to the date your application for child support was filed, between the date of the separation and the time the child support order went into effect.
This retroactive child support may be made in one lump sum, or in installments.
Retroactive child support could also be past due child support once it is ordered and goes unpaid.
In a divorce which may have dragged on for a time, once the child support order is finalized it will reflect any payments designated as retroactive child support.
The goal is to ensure both parents are paying their fair share for the children, and that neither parent is paying more than the law requires.
The parent who believes he or she is owed retroactive child support must file a written request, or petition which specifies the date the payments should go back to, and provides reasons which will justify the retroactive child support award.
Some of these reasons might include: While Florida judges are given latitude when ordering retroactive child support, the longer the custodial parent waits to file for retroactive child support, the less likely they are to receive the support, at least for the full two years.
Just like “regular” child support, the judge will consider the incomes from both parents during the time period in question in order to calculate the correct amount of retroactive child support.
One example would be when a divorce drags out for months and months, and during that time the custodial parent is paying for daycare expenses for the children as well as other regular expenses for the children.
Another scenario could be when an unmarried, noncustodial parent is required to pay back child support, and potentially even a part of the labor and prenatal expenses, dating back to the child’s birth, or no longer than two years.
Under Florida statute 61.30, child support is determined after considering all relevant factors.