Legal Question in Family Law in Florida

Re: back-support interest owed

Yes, depending on your situation you are entitled to interest on the past due child supprt.

If you are not enrolled in a the State of Florida Child Support Enforcement program, under Section 742.08, Florida Stautes, if your ex-husband defaults on his child support obligations ordered by the court "the court may enter a judgment for the amount in default, plus interest, administrative costs, filing fees, and other expenses incurred by the clerk of the circuit court which shall be a lien upon all property of the defendant both real and personal."

One major hurdle though, is the Court must find that your husband had the ability to pay the child support. If your husband is very poor the court may not order interest and costs.

If you are enrolled in the State of Florida Child Support Enforcement Program then the program is entitled to collect interest under Section 409.2584, Florida Stautes, on the past due amount. However, the program may waive the interest if it will facilitate him catching up on past due amounts.

I hope this helps.

Richard Hornsby

www.richardhornsby.com