What You Need to Know About Retroactive Child Support in Florida

Depending on the financial circumstances involved, a custodial parent may be entitled to receive child support payments from the non-custodial parent. To enforce their legal rights and get the full financial support that is owed, custodial parents will need to obtain a child support order from a Florida family law court. When that order is received, the non-custodial parent must pay a certain amount of child support going forward.

While many Florida parents have a general understanding of how child support works, most people are not aware of the fact that retroactive child support can be awarded in certain circumstances. Under Section 61.30 of the Florida Statutes, there is a legal avenue for eligible parents to recover some retroactive child support. Here, our Orlando child support attorney explains what all Florida parents need to know about the state’s retroactive child support laws.

What is Retroactive Child Support? 

There is a lot of confusion over what exactly retroactive child support is in Florida. Under state law, both parents are legally responsible for financially supporting their children. The custodial parent is eligible to seek child support from the non-custodial parent. However, to collect this support, the custodial parent must seek a court order. Retroactive child support is available for the gap period between when a custodial parent becomes eligible to collect child support and when they actually obtain a finalized court order to collect that child support.

Florida Has a 24 Month Limit on Retroactive Child Support  

There are legal limits on how much retroactive child support can be collected. Indeed, under Florida law, a custodial parent can only seek a maximum of 24 months worth of retroactive child support. This is true even if there are several additional years in which the parent was technically eligible to get child support, but had not sought a court order to enforce that right. As this maximum limit exists, custodial parents need to be sure to take action to obtain a valid child support order as soon as possible. 

Retroactive Child Support Can Be Paid as a Lump Sum or Installments  

With retroactive child support orders, payment can be made as a lump sum or in installments. Generally, the Florida family law courts try to be somewhat flexible when handling this issue. Courts will try to help parents work out an appropriate arrangement with considerations to the financial circumstances of each party. If you are involved in a retroactive child support case, you should be represented by a qualified attorney who can protect your rights and help you deal with this complex issue.

Get Family Law Help in Orange County, Florida  

At the Law Offices of Steve W. Marsee, P.A., our top-rated Orlando family law attorney has deep experience handling child support issues. To get help with your retroactive child support case, please give us a call today at 407-521-7171. We represent parents throughout Central Florida, including in Apopka, Kissimmee, Lake Buena Vista, Sanford and Altamonte Springs.

Resource:

leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0000-0099/0061/Sections/0061.30.html