Posted by Nydia Streets of Streets Law in Florida Child Support

Ordering retroactive child support in Florida is based on a review of factors such as time-sharing, how much a parent paid during the retroactive period and more. Florida law limits the date to which retroactive child support can be ordered. This was an issue in the case Walter v. Herot, 4D2022-2409 (Fla. 4th DCA January 17, 2024).

According to the Florida Statutes:

(17) In an initial determination of child support, whether in a paternity action, dissolution of marriage action, or petition for support during the marriage, the court has discretion to award child support retroactive to the date when the parents did not reside together in the same household with the child, not to exceed a period of 24 months preceding the filing of the petition, regardless of whether that date precedes the filing of the petition. In determining the retroactive award in such cases, the court shall consider the following:

(a) The court shall apply the guidelines schedule in effect at the time of the hearing subject to the obligor’s demonstration of his or her actual income, as defined by subsection (2), during the retroactive period. Failure of the obligor to so demonstrate shall result in the court using the obligor’s income at the time of the hearing in computing child support for the retroactive period.

(b) All actual payments made by a parent to the other parent or the child or third parties for the benefit of the child throughout the proposed retroactive period.

(c) The court should consider an installment payment plan for the payment of retroactive child support.

Fla. Stat. Chp. 61.13(17).

In the Walter case, the father was ordered to pay retroactive child support dating back to 2010. He appealed, and the appellate court reversed, holding he should have been ordered to pay dating back to 2018 instead, when it was undisputed by the parties that this was the date he failed to regularly exercise time-sharing. This is based on Fla. Stat. Chp. 61.13(11)(8)(c) which states “A modification pursuant to this paragraph is retroactive to the date the noncustodial parent first failed to regularly exercise the court-ordered or agreed time-sharing schedule.”

Schedule your meeting with a Miami family law attorney to understand how the law may apply to your case.