Child support is a financial payment made from one parent to the other to help provide for their child’s basic needs. The non-custodial parent typically pays this payment to the custodial parent in Florida. While this payment acknowledges the child’s ongoing needs, Florida law also provides a means for parents to recover compensation for retroactive support.
However, there are specific rules that parents must follow and eligibility criteria that limit when such support is ordered. Here is what you need ot know about retroactive child support.
What Is Retroactive Child Support?
In Florida, both parents are legally obligated to support their children financially. Typically, the custodial parent can request a court order requiring the non-custodial parent to pay child support.
Once granted, the order will specify the payment amount and the date when support should begin. However, there may be a gap between when a parent becomes eligible for support and when the order is finalized. Retroactive child support is intended to cover that gap.
Although this isn’t considered “arrears“—because there was no court-ordered obligation during that time—a judge can still require the paying parent to cover the amount they would have owed if the order had been in place earlier.
What Is the Valid Period for Retroactive Child Support?
Florida law dictates when a child is eligible to receive child support and how far back retroactive support can go. A custodial parent can only seek a maximum of 24 months’ worth of retroactive support from the date of the filing of the petition for child support.
Here is how this might work. Amy and Bradley are a couple. They had a child named Charlie in 2020. They broke up on January 1, 2023, when their child was three years old. Bradley moved out of the shared home. Amy is the custodial parent.
She does not pursue a child support order until November 2025. The court could award retroactive child support from November 2023 to November 2025. However, the court could not award retroactive support from January 1 to October 31, 2023, due to the 24-month prohibition.
How Much Is Retroactive Child Support?
The amount of retroactive child support is not necessarily the same as the current amount of the obligation. The court considers various factors when determining how much child support to award, including:
- The guideline schedule in effect at the time of the hearing during the retroactive period
- The obligated parent’s demonstration of their actual income during the retroactive period
- All actual payments the parent made to the other parent, child, or third parties for the child’s benefit during the retroactive period
An experienced attorney can help gather the evidence necessary to fight for a fair outcome in court.
How Retroactive Child Support Can Be Paid
Retroactive child support can be paid either as a lump sum or in installments. Florida law specifically states that “the court shall consider an installment payment plan for the payment of retroactive child support.”
The courts recognize that parents may not expect a large back payment and might not have the funds to pay it. However, if the parent has the necessary resources and prefers to make a lump-sum payment, they generally can.
A Family Lawyer Can Help
Pursuing retroactive child support in Florida involves more than simply requesting past payments—it requires understanding specific legal guidelines, eligibility requirements, and documentation rules.
If you’d like to learn more about retroactive child support and how it could affect your child support case, contact our experienced Orlando divorce lawyers at Conti Moore Law Divorce Lawyers, PLLC, by calling (407) 831-0203 to schedule a free consultation.
We serve all through Orange County and its surrounding areas. Visit our office at:
Conti Moore Law Divorce Lawyers, PLLC
815 N Magnolia Ave Suite 100
Orlando, FL 32803
(407) 831-0203
