Before I married my current wife, we had a son and I was paying child support. Since we married I obviously stopped paying child support, but we neglected to have the case closed.
If we end up getting divorced, would I have to pay back child support even though we were married during that time or would a judge take into account that we were married?
First let me preface my answer by stating that I am not licensed to practice in law in Florida, although Cordell & Cordell does have divorce attorneys licensed in Florida who would be happy to discuss your case with you.
Child support is one of those issues that despite the efforts of the parties to cooperate on the payment of those funds, if it is not properly attended to procedurally it could have adverse effects.
I have seen plenty of cases where the parties stop the enforcement of support but because they do not take the steps to close the case, the state continues to record non-payment by the obligated party. Usually this means nothing as long as neither party seeks to enforce the order. However, once one party does seek enforcement, the arrearages have piled up for years.
You should seek the advice of an attorney in Florida to see what you and your wife need to do to close the child support case just to be sure that no arrearages are being accrued.
Jason Bowman is an attorney in the Louisville, Kentucky, office of Cordell & Cordell. He is licensed in the states of Kentucky and Texas. He received his Bachelor of Science in Business from the University of Louisville, and received his Juris Doctor from Texas Wesleyan University.