Husband and Wife separated in November 2011. The Husband filed for dissolution of marriage in February 2014. Husband has cared for the minor child since the Wife left the marital home. Wife has never paid any child support. In the dissolution of marriage action, Husband is seeking retroactive child support.
Generally, the Court can go back up to 24 months prior to the date of the filing for dissolution of marriage. See:Florida Statute 61.30(17), which is set forth below:
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.
Therefore, according to your facts, the Court could go back to February 2012. Keep in mind, however, that unless the payor has savings to pay the retroactive support, typically the court will determine the entire retroactive amount, and then add on 20% of the current obligation to that obligation as a repayment schedule. Interest can be added as well.
Since sometimes it takes a while to get to a final judgment, I would suggest you ask the court for temporary child support now while the action is pending so you start to get some contribution from the other parent to raising your children.
Best of luck to you.
Cindy S. Vova
Law Office of Cindy S. Vova, P.A.
Plantation, FL
954-316-3496
info@vovalaw.com
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