Unfair Retroactive Child Support

by Gabril from Miami, Florida, Miami-Dade County

I have a son. He just arrived in January of this year to USA as a resident.


My son's mother wants to apply for Retroactive child support.

I have never stopped sending money to my son while he was living in Nicaragua.

She hasn't live with him neither till now. I am living in Florida and she is living in Texas.

Can she really apply for retroactive child support if she didn't live with him until now that my son is here?

One time I had his custody because she abandoned him. I do not have his custody anymore. What do I need to take to court when I receive the order?

I know I have to bring my taxes... do I need to bring pictures? Call records? Letters? or does any of that really matter? Thank you.

Answer to Florida Child Support Question

Dear Gabril,

You need to prove that you have been supporting your son.

Bring every piece of evidence that shows that you sent him money; or shows that you sent money to whoever was taking care of him in Nicaragua.

Bring to the court hearing: call records, letters, receipts for money sent, etc.

This is of course assuming you are to appear in a Florida court. Texas should have very similar procedures.

And no, it doesn't seem reasonable or fair that you should be ordered to pay retroactive support for your son to his mother, when your son wasn't living with her and when you were supporting him anyway.

The last thing you want to allow to happen is that you are ordered to pay retroactive support and hit with a lump sum of arrears owed right away.

Florida can order child support in arrears for up to 24 months. Your tax return is to prove your current income, and can be used to calculate ongoing child support.

Both parties, you and your ex, are supposed to complete a Financial Affidavit.

Child support is supposed to be calculated according to both parents incomes -- not just your income.

Once you have both completed financial affidavits, then the incomes of each parent are used to complete the Child Support Guidelines Worksheet.

Notice: We provide these answers to the general public and our website visitors as a means to further their online legal research. These answers are merely suggestions and should not be regarded as legal advice.

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