By: Melissa E. Mongiello, Esquire
In Florida, a non-residential parent may be responsible for paying child support prior to the date a petition is filed. Also known as retroactive child support. Under Florida law, both parents have a legal responsibility to provide support for their children. Retroactive child support may be needed when one parent pays for the child’s necessities, expenses and daily care and the other parents has not provided any support for the child.
The parent requesting retroactive child support must allege the need in their petition. If the parent seeking retroactive child support can show a need for back child support for the 24 months preceding the filing date. It is also important to note that, awarding retroactive child support is discretionary with the Judge –meaning that the Judge has discretion whether or not retroactive child support will be awarded to the parent seeking back child support.
By: Melissa E. Mongiello, Esquire, Fort Myers, Family Law Attorney