Calculating retroactive child support in Florida

Posted by Nydia Streets of Streets Law in Florida Child Support

When calculating retroactive child support in Florida, it is important that the parties produce evidence of all income during the retroactive period. Under Florida child support laws, a court can order a party to pay child support retroactive to two years prior to the date a petition to establish support is filed. Since income may have increased or decreased during this period, the court may rely on tax returns for the past two years to calculate what support should have been during that period. In the case Jones v. Jones, 1D19-1051 (Fla. 1st DCA December 20, 2019), this issue arose when the former husband appealed his final judgment of divorce.

This reported case does not provide background information such as the length of the parties’ marriage or what details the trial court relied on in ordering child support. The case states the former husband appealed six issues, two of which were reversed by the appellate court: (1) the allocation of the cost of uncovered medical expenses and (2) the calculations of ongoing and retroactive support. On the issue of uncovered medical expenses, the court remanded for the trial court to properly apportion costs as required by the Florida Statutes. As to ongoing and retroactive support, the court held, “At the time of the final judgment, former husband was ordered to pay ongoing child support for three minor children, yet his eldest daughter had reached the age of majority six months prior. The ongoing child support must be recalculated from September 2018 to account for only the two minor children. Additionally, changes in the Child Support Guidelines Worksheets for the additional retroactive period of child support obligation reflect increases in former husband's net monthly income and self-employment taxable income for the fifteen-month period between January 2017 and April 2018. An award of retroactive child support is ‘subject to the obligor's demonstration of his or her actual income . . . during the retroactive period.’ § 61.30(17)(a), Fla. Stat.”

Calculating retroactive child support in Florida requires an analysis of each party’s respective financial picture. Scheduling a consultation with a Miami child support lawyer may help you decide the best way to proceed and to determine estimated support payments in your case.