Can a child support obligation be made retroactive?

mens divorce lawyerQuestion:

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?

 

Answer:

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.

End of Content Icon

One comment on “Can a child support obligation be made retroactive?

    In short. I’m in Missouri and paying child support. The child enrolled in college in the fall of 2015 and I found out she failed more than half her grades. After being told I should request her grades and transcripts I did so on Jan/01/2017. I requested her grades for the whole year of 2016 and it’s been more than the 30 day time frame for her to respond. I know I can file for termination of child support and I am doing so. The law reads that my child support will be suspended for that period of failing grades. How do I get credit for that amount going back to fall of 2015. I have legal aid and for some reason he tries to tell me I can’t get termination retroactively but I’ve read different. Isn’t that what retroactively is used for. #1 failing grades at enrollment of college starting fall 2015. #2 did not send grades and transcripts as requested for the whole year of 2016 when I asked for them Jan 1/ 2017. Please help me understand what to do for termination retroactively. For concrete proof can someone give me a code or section that I can use. And if I can’t do that, I was told I could take the parent to small claims court. Is that correct. Thank you for any help

Leave a Reply

Your email address will not be published.