Miami family law attorney blog
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Miami retroactive child support
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
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).
Posted by Nydia Streets of Streets Law in Child Support
When a party is not happy with a Florida child support ruling, can that party appeal? The answer depends on many factors, but an appeal generally must show the court misapplied the law. When reviewing a child support order, the appellate court will review whether competent, substantial evidence supports the decision. This was an issue in the case Duncan v. Franklin, 3D21-1068 (Fla. 3d DCA October 12, 2022).
Posted by Nydia Streets of Streets Law in Florida Child Support
In a Florida administrative child support proceeding, the parties have the ability to have child support calculated without going to court. If a parent objects to the proposed child support amounts, however, that parent can request a hearing and a judge will resolve any disputes. If a parent does not show up to that hearing, a judge might make decisions in his or her absence. Such was the case in Fla. Dep't of Revenue v. Carreira, 1D20-1086 (Fla. 1st DCA January 15, 2021).
Posted by Nydia Streets of Streets Law in Florida Divorce
Can a party receive credit toward paying joint expenses during a Florida divorce? This was an issue in the case Ianni v. Ianni, 5D18-3082 (Fla. 5th DCA May 8, 2020) in which the former husband appealed a final judgment of divorce.
Posted by Nydia Streets of Streets Law in Florida Child Support
When calculating retroactive child support in Florida, it is important that the parties produce evidence of all income during the retroactive period. Under Florida child support laws, a court can order a party to pay child support retroactive to two years prior to the date a petition to establish support is filed. Since income may have increased or decreased during this period, the court may rely on tax returns for the past two years to calculate what support should have been during that period. In the case Jones v. Jones, 1D19-1051 (Fla. 1st DCA December 20, 2019), this issue arose when the former husband appealed his final judgment of divorce.
Posted by Nydia Streets of Streets Law in Florida Divorce
In a recent Florida family law case, the former husband appealed the trial court’s determination of a parenting plan, retroactive child support, and ongoing child support. The case Johnson v. Johnson, 5D17-4093 (Fla. 5th DCA April 5, 2019) sheds light on what could be considered common mistakes with regard to these issues.
Posted by Nydia Streets of Streets Law in Florida Child Support
Child support may be established via an administrative proceeding in which documents are sent to the parties by mail to establish child support. If a party disagrees with the proposed child support amount in mailed documents, he or she may request a hearing. As part of this process, retroactive child support can be established. Retroactive child support is that which was owed prior to the order being entered establishing the child support obligation. How far back can retroactive support be ordered?
Posted by Nydia Streets of Streets Law in Child Support
Retroactive child support in Florida can be ordered dating two years prior to the date of a petition to establish child support. This is support that applies in the past - for every month that a parent was supposed to be paying support that he or she was not, the court can order that a parent pay that amount as a lump sum or in monthly installments. Calculating retroactive support requires the court to look at the incomes of the parties during the retroactive period.
