Child support obligation is a serious matter in Florida, which makes seeking reliable legal representation a top priority for parents with child support issues. If you are pursuing or owe retroactive child support, Florida child support lawyers at Quinn & Lynch are ready to help you.
Most parents are familiar with their duty to provide for their children and the role child support plays in this duty. However, you may not know that a parent’s support obligations extend beyond future payments following an official court order. Parents can also be required to pay child support retroactively for care given prior to the court order.
The Tampa family law attorneys at Quinn & Lynch help parents in Tampa understand the challenges of child support and pursue a fair child support arrangement. Both custodial and noncustodial parents can seek legal consultation for child support matters by contacting us online or calling (813) 223-7739.
What Is Retroactive Child Support?
Raising a child has many expenses that both parents are equally responsible for, even if they choose to separate. Florida child support payments are awarded to the parent with primary custody, ensuring that both parents fulfill their financial responsibility to support their children. Courts may also award child support retroactive to the date of court-ordered child support.
While a formal child support order requires the non-custodial parent to make child support payments from the date of the order, retroactive child support payments cover a retroactive period of time before the child support order was given. This allows the custodial parent to recover some of the child care costs incurred during the time of separation from the other parent.
Florida Retroactive Child Support Statute
Florida Statutes § 61.30(17) specifies that retroactive child support is awarded at the court’s discretion during the initial determination of child support. Retroactive child support may factor into the legal process of divorce or establishing paternity. Married parents may also petition for child support or spousal support during marriage.
The retroactive period includes the time when the parents did not reside together in the same household with the child. The court will consider the non-custodial parent’s actual income during the retroactive period, as well as other factors, to determine retroactive child support payments. The court may allow the non-custodial parent to make payments through an installment payment plan.
When Can Retroactive Child Support Be Ordered in Florida?
Florida child support law allows separated parents to seek retroactive child support as part of various legal processes that involve determining child support. In most cases where no prior child support order existed, the court orders parents to pay retroactive child support. If a non-custodial parent fails to pay child support under a prior order, that is a matter of past-due child support, not retroactive support.
Child support decisions are often a part of divorce proceedings. Divorce can be a lengthy process for some, which can cause a delay in obtaining a child support order. The court may award retroactive support after a divorce or separation if there was a delay in filing for support.
While people often associate child support determination with divorce, Florida law allows separated parents to seek child support even without a prior court case. For example, a married individual may file a Petition of Support Unconnected with the Dissolution of Marriage, allowing them to seek spousal support and/or child support from their spouse. If successful, a retroactive child support award may also be granted.
Parents may seek retroactive child support payments as part of the paternity action process, which legally establishes the father of a child born outside of marriage. This becomes especially useful when the court establishes paternity after the child’s birth.
Regardless of the circumstances, parents involved in child support legal proceedings should seek professional legal support. Whether you’re the parent seeking child support or the paying parent, having a reliable child support lawyer in Florida will give you a better chance of securing a fair arrangement. The Tampa child support attorneys at Quinn & Lynch work diligently on behalf of Tampa parents.
How Far Back Can a Custodial Parent Request Retroactive Child Support?
Retroactive payments can be ordered for a period of up to 24 months prior to the child support order. The exact starting date within that period is determined by the court, depending on the circumstances of the case. Retroactive support may cover less than the 24-month maximum if the couple separated less than 24 months ago or if the child is less than 2 years old.
The amount of retroactive child support owed will be determined by various factors, including the needs of your child and both parents’ financial statuses during the retroactive period. It is incredibly important that you document these details, as the amount you are granted or required to pay will depend on them.
Under certain circumstances, the court may not award retroactive support. For example, if the court determines that the custodial parent did not need the other parent’s support for the retroactive period, they will likely not be granted retroactive support. If certain conditions, such as a medical condition, prevent the noncustodial parent from paying support, the court may deny requests for retroactive support.
How to Calculate Retroactive Child Support in Florida
To understand retroactive child support calculations, you must first understand how child support is determined in Florida. A wide range of factors influences child support calculations, including the parents’ combined monthly net income, the child’s needs and living expenses, and whether either parent owes support for other children.
The minimum child support needed is determined each month based on the parents’ net monthly incomes. This sum is calculated by adding gross income, such as salary or wages, bonuses, and business income, then subtracting allowable deductions from the child support guideline amount. In certain circumstances, the court may exclude some financial factors from income calculations.
For example, mandatory retirement payments and health insurance payments (excluding coverage of the minor child) might not be factored into a parent’s monthly income. Additionally, minimum payments may be adjusted after considering deviation factors such as extraordinary medical expenses, the child’s independent income, or a reasonable and necessary expense or debt.
Retroactive child support payments are based on Florida child support guidelines. Rather than the current net income, payments are calculated from the historical income of both parents. The court will request that the paying parent provide a demonstration of their actual income for the retroactive period.
Other relevant factors, such as time sharing and actual payments made to the other parent or the child, are also considered when determining the amount owed. Retroactive support can include back payments for costs already covered by one parent, including daycare, medical costs, health insurance expenses, and more.
How is Retroactive Child Support Paid?
Non-custodial parents can be ordered to pay retroactive child support as a lump sum payment or in installments, which can be added to future child support payments. Judges decide which option to order based on the financial situations of the parents as well as the child’s needs.
Failing to make retroactive payments can result in serious consequences, including wage garnishment and garnishment of tax refunds. The court may also decide to suspend the driver’s license of the non-custodial parent. However, this is less likely if suspension would interfere with the parent’s ability to pay support. Parents found to be willfully withholding payments can be held in contempt of court, which may result in incarceration.
Can Retroactive Child Support Be Modified or Waived?
Retroactive child support is generally not waived once it has been ordered. If there is a mutual agreement to waive retroactive child support between both parents or if the custodial parent chooses to forgive arrears, the retroactive support may be terminated.
Florida statutes allow for specific reasons to modify child support in Florida. Similarly, modifications to retroactive child support are only possible under specific legal grounds and require sufficient evidence that the modification is necessary. If you plan to seek retroactive child support modification, carefully document any evidence regarding your child’s needs, your financial situation, and other relevant factors affecting child support.
How a Tampa Child Support Lawyer at Quinn & Lynch Can Help
At Quinn & Lynch, our Tampa child support attorneys are experienced in advocating on behalf of both custodial and non-custodial parents, meaning they understand retroactive child support cases from both sides.
Backed by in-depth knowledge of Florida child support law, we help parents calculate fair support and negotiate for both past and future child support payments. We provide court representation for the initial child support process, child support arrears in Florida, and other related matters.
FAQs about Retroactive Child Support in Florida
Can Retroactive Child Support Go Back to My Child’s Birth?
In Florida, retroactive child support can go back to the date when the parents separated, but it cannot extend beyond 24 months before the case was filed. This means it will not automatically go back to the child’s birth unless the separation happened within that two-year period.
What if One Parent Paid Some Expenses Before a Court Order?
Payments made from one parent to the other parent during the proposed retroactive period will be considered when calculating retroactive payments.
How Does the Court Determine the Amount of Retroactive Child Support?
Courts in Florida determine retroactive child support using the same guidelines as those for computing child support. Calculations take into account various factors, including income from the parents’ primary employment and other sources, how much time the child spends with either parent, the child’s needs, and more. Retroactive support is based on these factors during the retroactive period.
Does Retroactive Support Affect Future Child Support Payments?
No, retroactive support does not affect future child support payments. If future support is owed, retroactive payments will be paid in addition to future payments.
What is the Time Limit for Requesting Retroactive Child Support?
There is technically no strict time limit for requesting retroactive child support. However, retroactive child support can only be awarded for a maximum period of 24 months prior to the filing of the initial petition.
What is the Difference Between Retroactive and Past Due Child Support?
Retroactive child support refers to support that is awarded for a period prior to the court-ordered child support. Past-due child support is child support that has not been paid on time. While retroactive child support can become past due if the non-custodial parent fails to make payments, not all past-due child support is retroactive child support.
Need Help With Retroactive Child Support in Florida? Contact the Tampa Child Support Attorneys at Quinn & Lynch Today.
The team at Quinn & Lynch offers experienced and compassionate support for Tampa parents. We understand that a long, contentious child support battle isn’t beneficial to either parents or children. Our Tampa child support attorneys strive to make the proceedings as smooth as possible by tailoring our approach to the unique needs of each client.
Don’t wait to discuss your retroactive child support case with an experienced and knowledgeable professional. Call Quinn & Lynch at (813) 223-7739 or contact us online today!
