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What You Should Know About Retroactive Child Support

The state of Florida holds both parents responsible for the well being and upbringing of the child. The court can ask the non-custodial parent to pay portion of expenses incurred before the divorce or child support payment was finalized. This is known as retroactive child support. You should talk your child support attorney Fort Lauderdale concerning this.

Here are few things you should know about retroactive child support:

It cannot be granted for more than 2 years

The state of Florida puts the maximum amount of retroactive child support payments at 24 months. This means that when calculating the amount of child support the custodial parent will receive, the court will backdate up to 24 months and no more. Any expenses incurred before that are not included. This will also apply when a parent has been taking care of the child for years without any support.

An unmarried parent can file for child support

A parent can claim retroactive child support even if he/she is not married to the non-custodial parent. This can include prenatal and birth expenses. Like retroactive child support, this support will be limited to 24 months.

Support can predate application

The retroactive child support can predate the application for support if the court feels that the case has dragged on for some time. This can be from the date of separation to the date when the support order became effective.

Lump sum or installment

Retroactive child support can be made in one lump sum or in installments.

There are other limitations to retroactive support

Apart from a 24-month limitation, the court will also consider certain other factors in limiting support. For instance, if the non-custodial parent was financially unable to pay at that time or if the custodial parent had no need of support during that period.

If you want to file for retroactive child support or limit it, consult an experienced child support attorney Fort Lauderdale.

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