Florida family law courts allow and encourage the creation of child support orders to help the custodial spouse raise and care for their children more comfortably and confidently after divorce. However, any divorcing parent will let you know that financial support during a divorce is just as important as the aid that comes afterwards. It is crucial to establish temporary child support while a divorce or separation is progressing, and it is arguably even more important to seek retroactive child support later if it is not.
How Florida Handles Retroactive Child Support
Florida allows the custodial parent to seek retroactive child support beginning from the date the permanent child support order was filed, not approved; in some cases, the date cited can be up to 24 months prior to the date of filing. This stretches the window of potential back-date payments when compared to the more restrictive rules many other states utilize. A family law judge can also use their own discretion to change or further extend the date to the day the parents actually filed for divorce or mutually considered themselves as separated.
How Florida Calculates Retroactive Child Support
To determine how much retroactive child support should be paid, the court will analyze income reports of the payer from the backed dates. It is important to keep clear records of both your income and that of your spouse’s so child support – retroactive or otherwise – is calculated fairly. When no past records can be found, the court considers current income amounts.
Any retroactive child support permitted should not impact other child support payments already approved. The spouse ordered to pay retroactively does have the opportunity to argue for a lesser amount if they can show they provided financial support through other channels.
Call Our Ocala Child Support Attorneys at (352) 437-2200
Determining if you are owed retroactive child support, and then calculating how much if you are, can be a tricky prospect if you are not familiar with the related laws and procedures. Ami L. DiLorenzo, P.A. and our divorce lawyers in Ocala can provide you with all the legal knowledge, insight, and guidance you need to make it through what otherwise could be a trying time. We are never satisfied with a case result unless our clients are as well, and we always use the full extent of our abilities to ensure their best interests and those of their children are respected and upheld.
Let’s start your case with a complimentary consultation. Contact our firm today.