Retroactive Child Support Payments

by Anonymous from Florida


In my divorce we agreed to share responsibility 50-50. No child support payments. My ex-spouse decided to move away and I now have the kids full time. Its been a year and I haven't received any help from him.


I have requested for modification through the court.

My petition was answered and my ex-spouse agreed to pay child support but they want me to pay two years of support back because the kids primary residence was with my ex-spouse.

Since we agree no child support can my Ex-Spouse try and get back child support that was not ordered?

Answer to Florida Child Support Question

Dear Anonymous,

I cannot give you a very good answer.

It would seem illogical that you would be ordered to pay child support in arrears when there was no child support order and you and your ex had agreed to a 50/50 visitation schedule. Is that what really took place?

You also state that you have had your children for a year with no support from him.

So, you would then be within your rights to claim child support for the year that you received nothing. And, as far as I know, retroactive child support cannot extend more than two years back.

It sounds like a wash. He claims retroactive for two years beginning three years ago; you claim retroactive for the most recent year.

He is only entitled to go back two years. So he might be awarded one year retroactive, and you might be awarded one year retroactive.

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