Posted by Nydia Streets of Streets Law in Florida Child Support
Is an award of retroactive child support in Florida discretionary? According to a recent case, while it is discretionary, “appellate courts routinely find it error to not award it.” See Dart v. Dart, 4D2024-1525 (Fla. 4th DCA January 7, 2026).
In this divorce case, the parties had a prenuptial agreement. They agreed early in the case that Pennsylvania law would apply to interpretation and enforcement of the agreement, but Florida law would apply to child support matters. The trial court eventually denied retroactive child support to the former wife, finding there was no adverse affect on the children during the retroactive period in which the former husband did not pay support. The former wife appealed.
The appellate court reversed holding “[W]e agree with Wife that the legislature has made clear that child support is the parents’ dual obligation, which is shared according to the parents’ relative incomes. § 61.30(17), Fla. Stat. (2024). We also agree with the Second District that ‘the mother’s ability to provide the child with [] basic needs [does not] excuse the father from supporting the child.’ T.T.L. v. F.A.L., 367 So. 3d 1257, 1259 (Fla. 2d DCA 2023); see also Johnson v. Johnson, 297 So. 3d 700, 704–05 (Fla. 1st DCA 2020) (‘The trial court erred in failing to fully consider retroactive child support, which is a dual obligation by both parents owed to the children.’). As Wife points out, we have said: ‘Although the award of retroactive child support is discretionary, appellate courts routinely find it error to not award it.’ Nierenberg v. Nierenberg, 758 So. 2d, 1179, 1180 (Fla. 4th DCA 2000) (citation omitted). That is particularly true when one considers that child support is the child’s right, not the parent’s right. See Coffy v. Coffy, 321 So. 3d 230, 230 (Fla. 4th DCA 2021) (‘It is well-established under Florida law that parents cannot contract away their children’s right to support.’). Because the parties agreed that retroactive child support would be considered at the final hearing and Husband’s unpaid support during the pendency of the proceedings would be awarded as retroactive child support once Husband’s ongoing child support obligation was determined, we hold the trial court erred in denying retroactive child support.”
This article is for information only and is not legal advice. Schedule your consultation with a Miami family law attorney to determine the next best steps in your case.