Posted by Nydia Streets of Streets Law in Florida Child Support
Can post-judgment interest be awarded on retroactive child support in Florida? A recent appellate case clarifies this issue.
In the case Parris v. Israel, 2D22-3362 (Fla. 2d DCA December 13, 2023), the issue on appeal concerned retroactive support awarded to the former wife in this divorce case. The former wife sought an award of post-judgment interest on the retroactive support amount awarded to her and she appealed the trial court’s final judgment which did not include this award to her.
The appellate court affirmed, holding “We find no error in the trial court's refusal to order postjudgment interest on the retroactive child support ordered to be paid by [the former husband] to [the former wife] where the trial court found that there is no child support arrearage. We note that this ruling does not preclude the award of postjudgment interest in the event a child support delinquency becomes a final judgment. See § 61.14(6)(d), Fla. Stat. (2023) (providing that when a delinquency becomes ‘a final judgment by operation of law against the obligor,’ statutory interest shall be charged on the judgment).”
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