Child Support Retroactive

by Monica from Orange Park, Florida, Clay County

Child Support Retroactive:
If a noncustodial parent is just being served with child support papers to appear in court, will he/she have to begin paying child support for the life of the child or will it begin the time of the court date?

Answer to Florida Court Forms Child Support Question

Dear Monica,

Usually child support can only be ordered for two years retroactive.

61.30 Child support guidelines; retroactive child support.--

17) In an initial determination of child support, whether in a paternity action, dissolution of marriage action, or petition for support during the marriage, the court has discretion to award child support retroactive to the date when the parents did not reside together in the same household with the child, not to exceed a period of 24 months preceding the filing of the petition, regardless of whether that date precedes the filing of the petition. In determining the retroactive award in such cases, the court shall consider the following:

(a) The court shall apply the guidelines schedule in effect at the time of the hearing subject to the obligor's demonstration of his or her actual income, as defined by subsection (2), during the retroactive period. Failure of the obligor to so demonstrate shall result in the court using the obligor's income at the time of the hearing in computing child support for the retroactive period.

(b) All actual payments made by a parent to the other parent or the child or third parties for the benefit of the child throughout the proposed retroactive period.

(c) The court should consider an installment payment plan for the payment of retroactive child support.

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