Retroactive child support or back pay child support in Florida are terms that refer to the payments that must be made by the noncustodial parent to the custodial parent for the support of their child before the noncustodial parent has been ordered by a court to pay child support.
The noncustodial parent’s failure to pay child support may have come about in various circumstances. For example, a noncustodial parent may not have paid child support while a decision on a child support petition filed by the custodial parent was pending. The request for child support might be part of a divorce petition.
Accordingly, a court may order a noncustodial parent to pay back pay child support for the time between the date on which the child’s parents separated and filed for divorce and the time at which the child support order officially goes into effect.
If the court awards child support as part of the divorce, the court typically orders that child support begin at a time before the date of the court order but after the parents separated. It may do so in order to cover the expenses paid by the custodial parent in this period and add it to the total amount of child support that the noncustodial parent owes.
In some situations, a Florida court may even order child support payments to cover a period of time before an initial petition for child support was filed. This would happen if the custodial parent could provide proof that they assumed sole responsibility for raising and paying for the needs of their child during the time period in question.
If a person wishes to learn more about retroactive child support payments in their Florida county, the person may wish to consult a local Florida attorney as soon as possible.
How Do I Enforce Back Child Support?
As previously mentioned, Florida courts allow a custodial parent to win an award of child support for a period of time before the time at which an initial petition for child support was even filed.
So, for example, in the case of parents who are not married to each other, the custodial parent may not petition the noncustodial parent for child support until some time has passed since the child’s birth.
A Florida court can order a noncustodial parent to pay child support as far back as 24 months before the initial petition was filed. Of course, a custodial parent must first file a petition seeking retroactive child support before a court can award such payments.
The petition must include the date on which the custodial parent believes the child support obligation should have started, as well as the grounds that entitle them to retroactive child support, e.g., the noncustodial parent’s paternity.
The custodial parent may have waited for more than 2 years after their child’s birth to seek retroactive child support from the noncustodial parent. If so, they will find that the court can only order retroactive support for a period of 2 years before the petition for support is filed. This is the maximum allowed by law.
It is important not to confuse retroactive child support and back child support. Retroactive support is support owed for a period of time up to 2 years before the petition for support is filed.
Back child support is child support that a noncustodial parent was supposed to pay per a court order but did not. There is no time limit on the recovery of back, unpaid court-ordered child support.
What Are the Restrictions on Collecting Retroactive Child Support?
There are some restrictions that may affect the amount of retroactive child support that a noncustodial parent can obtain. For instance, assume that the custodial parent was financially well off and did not require child support during the time period in question. In that case, the court may not include the amount that might normally have been owed when calculating the total award of child support.
As discussed above, the custodial parent is also barred from collecting payments that extend more than 2 years, i.e., 24 months, past the original date of when the initial petition for child support was filed. This is due to a law known as the Florida retroactive child support statute of limitations.
Briefly, a statute of limitations is a law that prescribes how long a person has to file some type of legal claim before they are barred from taking legal action.
Finally, one other important restriction on collecting retroactive child support in Florida is two situations in which the noncustodial parent may be relieved of their child support obligation. The first is if the noncustodial parent was unable to make payments due to adverse financial circumstances, e.g., unemployment. The second is if they were not working because they were suffering from a medical condition that affected their financial situation.
Accordingly, the custodial parent may not be able to collect retroactive child support payments in cases in which the noncustodial parent can prove medical or financial conditions, which would mean they do not owe the support.
How Is the Amount of Retroactive Child Support Calculated and Paid?
In general, the amount of retroactive child support is calculated and paid in accordance with the noncustodial parent’s current income and other factors related to the financial circumstances of the custodial and noncustodial parents. The custodial parent may also be able to prove the amount of retroactive child support payment that is owed by submitting the proper evidence.
In cases where a large amount of retroactive child support is owed, a Florida court may allow the noncustodial parent to use an installment plan, as opposed to ordering them to make a one-time, lump sum payment.
A Florida court may backdate the initial order for child support payments for as long as 2 years and 24 months preceding the date on which the initial child support petition was filed. For instance, if a custodial parent filed a petition for child support in April of 2018, then a Florida court may extend retroactive child support payments as far back as April of 2016.
How Far Back Can I Sue for Child Support?
A custodial parent may request retroactive child support payments starting from either the time when the noncustodial parent moved out of the home that they shared or after 2 years have passed since child support obligation arose, e.g., the birth of the child.
Again, as noted above, a custodial parent who claims retroactive child support is not going to be awarded support that extends beyond the 2-year period from the date when the petition for child support was initially filed.
Will Retroactive Child Support Reduce Future Child Support Payments?
Once the court has determined the amount of retroactive child support payments that must be accounted for, any amount of child support that a noncustodial parent has already paid would be part of calculating the total award of child support. Any payments already made may be subtracted from the final child support award.
Family law courts in Florida generally try to ensure that the amount of a child support award is fair for both parents and do not want to force a party involved in this process to pay a higher amount of child support than is required by law. Thus, the overall effect of prior child support that was paid on retroactive child support payments should reduce the amount that a noncustodial parent still owes for an award of retroactive child support.
Will Prior Support Paid Reduce the Retroactive Child Support Payments?
A noncustodial parent might have paid some child support between the time the parents separated and the time the final decree of divorce orders the payment of child support. If this is the case, the court may deduct the amount paid from the amount of any retroactive payments that it orders.
The court’s goal is to make sure that both parents pay the share they can afford for their child. Neither parent is obligated to pay more than the law demands.
Do I Need a Child Support Lawyer?
You may need to consult a Florida child support lawyer if your former spouse seeks an award of child support in their divorce petition. If you paid support while the divorce was in process, you might be able to get credit for the amounts you paid.
The custodial parent of your child may be seeking retroactive child support for a period of time during which you have not paid any support. In this case, you also want to consult a Florida child support lawyer.
Finally, if you were ordered to pay child support and have not paid the amount ordered, you also want to consult a Florida child support lawyer. You may have a valid justification for not paying.
In any event, LegalMatch.com can put you in touch quickly with an experienced lawyer who can defend you against a claim for retroactive child support. Then, you should also consider consulting a Florida child support lawyer in your area. They can help make sure that your legal rights and interests are protected.
