Posted by Nydia Streets of Streets Law in Florida Child Support
When a large sum of retroactive child support is ordered in Florida, how is the sum paid? Typically, a court will order that it be paid monthly, as an additional sum paid on top of the ongoing child support. When determining the amount, the court must take into consideration the total sum owed and the time it will take to pay it off based on the monthly rate ordered. This was an issue in the case Lucombe v. Lucombe, 5D2023-3185 (Fla. 5th DCA May 23, 2025).
The trial court entered a final judgment of divorce ordering the husband to pay child support and setting his retroactive support obligation. The wife moved to set aside the judgment, arguing the parties agreed to a different retroactive period and the husband agreed to pay his retroactive obligation in a lump sum, rather than monthly. The court entered an amended final judgment correcting the retroactive date, but setting the retroactive payment to $50 per month for a $43,200 obligation. The wife appealed.
The appellate court first noted “Former Wife asks that Former Husband’s agreement to pay the full amount of child support in a lump sum should be enforced. But courts have held that it is error to order that a lump-sum payment be made within a certain timeframe if there is no competent substantial evidence to support a finding that a party has the ability to make such a payment. [. . .] As such, it was not error to implement monthly repayments rather than a lump sum.”
However, the court reversed the $50 per month payment on grounds that it was inadequate. The court held “At that monthly rate, Former Husband would have about 72 years to pay off the $43,200 child support obligation, one he said he could pay off immediately. The record reflects that he can afford far more. As such, the monthly payment of $50 is clearly erroneous and requires a recalculation upwards.”
Schedule your meeting with a Miami family law attorney to understand how the law may apply to the facts of your case.