What is Retroactive Child Support?

Florida law requires both parents to share in the responsibility of raising a child. But far too often, we see situations where one parent has to support the child alone for months or even years. If this situation sounds family, you may have grounds to pursue retroactive child support payments from the child’s other parent. The Largo, FL child support attorneys at Cairns Law, P.A. help parents recover retroactive child support payments from delinquent fathers or mothers to ensure their children receive all the resources they’re entitled to.

What is retroactive child support? 

Retroactive child support refers to court-ordered payments intended to reimburse the custodial parent for expenses they incurred before they established a formal child support order. Under Florida Statutes § 61.30(17), courts have the discretion to award retroactive child support dating back 24 months before the original petition was filed. This process prevents one parent from unfairly carrying the burden of the child’s financial needs while the other parent contributes nothing.

In other words, if you have been the sole provider for your kids without any contributions from the other parent, the courts could order retroactive child support to reimburse you for that burden.

When can retroactive child support be awarded? 

Key factors in determining whether retroactive child support will be awarded include:

• If there was a delay in establishing the initial support order – Delays in legally establishing a child support arrangement should not punish the custodial parent by requiring them to furnish 100% of the child’s financial needs. If the other parent caused delays by contesting the case, retroactive child support may be awarded.

• If one parent intentionally avoided paying child support – In some cases, the non-custodial parent is aware of their obligation to pay child support. Yet, they willfully evade making any payments to the custodial parent. If intentional avoidance is proven, the courts generally order retroactive child support.

• If paternity was established after the child’s birth – In cases where there is a dispute over paternity or paternity was established well after the child was born, the courts may order retroactive child support be paid to the custodial parent. Further, if a child is born to unmarried parents, establishing paternity is a crucial part of the process. The mother would typically cover all costs related to childcare during the paternity establishment process. The court may order retroactive paternity to ensure that the mother is made whole.

• If the custodial parent incurred substantial childcare expenses – When calculating potential retroactive child support awards, the Florida courts will consider the various expenses a custodial parent paid to support their children.

Talk to a Large, FL Child Support Attorney Today 

Are you entitled to retroactive child support? If so, call the Largo family lawyers at Cairns Law, P.A. We can help advocate on your behalf to recover retroactive child support from the non-custodial parent. Call our office today to schedule an appointment, and we can begin discussing your next steps right away.