Posted by Nydia Streets of Streets Law in Florida Child Support

When a parent is ordered to pay child support for multiple children in different cases, the Florida Statutes allow essentially for a credit to be given to that parent in calculating child support. For example, if a parent pays $500 per month for one child by court order, and is subsequently sued for child support for another child, the $500 paid for the first child will be deducted from the parent’s gross income when child support is calculated for the other child. Does this include retroactive child support that is paid? This was an issue in the case Williams v. DOR, 1D2023-3086 (Fla. 1st DCA February 12, 2025).

The evidence established at a hearing on a child support petition was that the father paid about $1,500.00 per month for three other children in other cases for child support. Part of this amount included a retroactive support payment. The Department of Revenue (DOR) argued that the retroactive support should not be included as a credit to the father because the Statute only contemplates ongoing, current support obligations. The trial court agreed with DOR and declined to credit the father with payment of the retroactive support amount. The father appealed.

The appellate court reversed, holding “When a child support obligation is established, it is common for the court to establish an amount that is owed retroactively for months prior to the court’s order and for the party owing support to be ordered to pay a portion of the retroactive amount each month until the full amount is satisfied. When a party is complying with a child support order, including paying the retroactive amount each month, the full amount is child support that is ‘actually paid.’ Therefore, the credit given to Appellant by the ALJ under section 61.30(3)(f), Florida Statutes, should have included the retroactive portion of the court-ordered child support payments Appellant makes each month for his other children.”

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