What is Retroactive Child Support?
Child support is a major factor when it comes to raising the children of parents who are no longer together. In the state of Florida both parents are equally responsible for being able to provide for their children, whether they reside with them or not. After a divorce or separation the courts will typically require the parent who the child is not living with on a full time basis to pay for a portion of the expenses that are incurred in the child’s life. Retroactive child support may come into play if there are certain circumstances where the bulk of the expenses related to the child falls directly on the custodial parent.
What Circumstances Can Lead to Retroactive Child Support?
According to Florida law, retroactive child support can only go back as far as 24 months. This means that no matter how long the situation has gone on, payment is only expected to cover the last 24 months worth of expenses that have been created.
Ways retroactive child support can be put into place:
- If a divorce takes several months and during that time a bulk of the expenses falls directly on the custodial parent – for example daycare or school expenses.
- If a woman who had a child out of wedlock decides to seek retroactive child support, that support will not go back any further than two years.
- Retroactive child support could also be past due child support once it is ordered and goes unpaid.
Divorce is never an easy thing to navigate, especially when there are children involved. It’s in your best interested to work with an experienced family law attorney who knows the ins and outs of the process. Your attorney will work with you on issues related to child support and those that may involve retroactive child support. Russell Spatz has years of experience in this field and can help guide the way through these tough times.