My family law question is based on retroactive child support.
Can the support obligation be made retroactive, and if so, how far back can it go?
Concerning retroactive child support, in a Petition to Establish Child Support, the support obligation can be retroactive up to 24 months from the date of filing the support petition. The court will determine the present child support amount as well as the total amount of arrears.
The court will direct the payment of a percentage of the arrears on a monthly basis with the existing child support payment until such time arrears are paid off. The arrears will be determined based on the past income levels of both parents, and the current income of both parties will determine the current child support obligations.
If you have made any child support payments, you should be sure to provide the court with evidence and records of such payments up to the time of the hearing. At the hearing, the court will order you to start making payments of the arrears and the child support.
You should contact a domestic litigation attorney licensed in your area. Cordell & Cordell has attorneys who are licensed and located in Florida who would be happy to discuss your case with you.
Alison K. Morriss is a Staff Attorney in the Tampa, Florida office of Cordell & Cordell, where she practices domestic relations exclusively. Ms. Morriss is licensed to practice law in the state of Florida. Ms. Morriss received her Bachelor of Arts in Religious Studies, History and Business Administration from Stetson University. She continued her education and received her Juris Doctor from Stetson University College of Law, and her Master of Business Administration from Stetson University School of Business.