Miami family law attorney blog
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Florida retroactive child support
Posted by Nydia Streets of Streets Law in Florida Child Support
Once a child is emancipated (turns 18) in Florida, can a parent seek child support for that child? Once the child is emancipated, generally the child can seek support on his or her own under certain circumstances. A parent is limited to seeking retroactive support if no initial child support determination was previously made. This was an issue in the case Morrell v. Alsentzer, 4D2024-1148 (Fla. 4th DCA July 16, 2025).
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).
Posted by Nydia Streets of Streets Law in Florida Child Support
Retroactive child support in Florida may be awarded to compensate a parent who was not receiving adequate support from the other parent before a case was initiated. Under Florida law, the court may award retroactive support dating back up to two years prior to the date of filing the petition for support. Such support was an issue in the case Ramirez v. Gregory, 5D2022-2659 (Fla. 5th DCA February 14, 2025).
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).
Posted by Nydia Streets of Streets Law in Florida Child Support
When parents separate, reshuffling of finances may occur since the parties may live in two separate households. If a parent is using assets to pay living expenses, can this be considered income for purposes of calculating a child support obligation? This was an issue in the case Delosreyes v. Delosreyes, 4D2023-1324 (Fla. 4th DCA July 24, 2024).
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).
Posted by Nydia Streets of Streets Law in Florida Child Support
Usually when a parent seeks to modify child support in Florida, the court can modify the child support retroactive to the date the parent filed the petition for modification. There is an exception, however, which has to do with time-sharing. This was an issue in the case Hardwick v. Smith, 1D2022-3853 (Fla. 1st DCA December 27, 2023).
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.
Posted by Nydia Streets of Streets Law in Florida Child Support
Can retroactive child support be awarded for a child who has reached the age of majority? A recent case analyzes this issue, taking into account the language of the Florida Statutes. The case is Dept. of Revenue v. E.P., 2D22-4083 (Fla. 2d DCA November 1, 2023).
