Legal Question in Family Law in Florida

Asked how does the court calculate the monthly amount for retroactive suppot. The answer given was that it was in the FL Statutes. The Statutes only say that they will come up with a payment arrangement, but the statute does not specify how the courts calculate the monthly payments. The court calculated such a low amount it will take over 25 years for the NCP to pay it back. Can I ask the court to increase the amount?

Also, NCP ordered to pay 1/2 medical expenses, but its not listed in the order. Can I ask the court to correct the order? It was a DOR Hearing. The order was signed less than 30 days ago.


Asked on 1/10/10, 4:23 am

1 Answer from Attorneys
Brent Rose The Orsini & Rose Law Firm

The court is allowed to order retroactive support to be paid in any amount that the court decides, not to exceed 20% of the total normal child support payment (that's the part that's in the statute). You can ask the court to increase it, but if it was just set in the last month, why would the court change it? If the order doesn't say that the NCP is to pay 50% of the uncovered medical expenses, you should ask the court to correct it. Technically, you're supposed to ask for corrections within 10 days, but I suppose the court will allow a correction since it was something that was just left out.

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Answered on 1/23/10, 1:22 pm


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