Posted by Nydia Streets of Streets Law in Child Support
Retroactive child support in Florida can be ordered dating two years prior to the date of a petition to establish child support. This is support that applies in the past - for every month that a parent was supposed to be paying support that he or she was not, the court can order that a parent pay that amount as a lump sum or in monthly installments. Calculating retroactive support requires the court to look at the incomes of the parties during the retroactive period.
In the appellate case H.R.N. v. S.D.L., 227 So.3d 189 (Fla. 2d 2017), the appellate court considered an appeal of a retroactive child support award. The father, who was ordered to pay retroactive support, appealed on the basis that the court included in the retroactive calculation daycare expenses that were not being paid during the retroactive period. The trial court heard testimony from the mother that she had only begun paying for daycare three months prior to the hearing.
The appellate court reversed the trial court's retroactive support ruling on the basis there was clear error in including the daycare expense. The trial court was instructed to recalculate the support, leaving the daycare of $170 per month, an expense that no doubt added a significant amount to the father's support obligation.
Contact a Miami child support lawyer to go over a fair support amount. Through a consultation, you can learn about your best defenses and claims in a Miami child support case.