Backdated Child Support
When two parents divorce, the state of Florida holds both parties legally and individually responsible for financially supporting their children. The courts may require the noncustodial parent to pay prior to the divorce or child support order being finalized. Child support payments can be backdated to cover the expenses paid while the court order was still pending. You may request retroactive child support prior to when your application was filed, between the separation and the time the order went into effect.
The maximum amount the court can backdate these payments is capped at 24 months, and the same rule applies in a paternity action in which the parties were not married. The noncustodial parent can make these payments in a lump sum or installments, as the courts will ensure there is a feasible payment plan to best fit each parent’s situation. Once the court decides how far back the payments must go, any prior support paid may be subtracted from the final amount.
If you are a parent and believe you are owed retroactive child support, you must file a written request or petition which justifies your reasons for requested back-owed payments. The petition must also detail which dates these payments are for. The just will consider you and your ex’s income during the period in question, disregarding either parent’s current income status.
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If you are seeking to establish retroactive child support, there is no time to waste when it comes to fighting for the life and future your child deserves. At Family First Legal Group, we are dedicated to helping you understand the extent of your options as well as how to navigate this complex process. Legal issues involving your family are the most challenging, especially when it comes to your children. This is why our firm is passionate about ensuring we protect your best interests to the best of our ability.