Legal Question in Family Law in Florida

Once the child turns 18, can a custodial parent go after a non-custodial parent for back child support? There is no divorce judgement (never married) nor are there any agreements in writing or otherwise in regards to support.

My son's mother did go through CSE in 1999, but when my son moved in with my wife and I in 2010, we had it stoppped by proving he lived with us. The child went back to his mother in 2011 after a big disagreement about the child's medical care, and we tried to re-start the CSE case. After paying 2 or 3 months in, the state refunded the money to me and said the ex hadn't claimed it. Because she is not trustworthy, I refused to pay her directly in fear of not being credited for it if she ever took it to court. So I put the money aside in savings just in case. She never filed, and in fact hasn't communicated with me since he got on the plane to go back to her. She makes a great amount more money than I do, so it's possible she just didn't want it because she knew a court case would bring up the medical issues again.

Well, now my son has turned 18 and I would like to know if the ex could come back now and try to claim the back support, or if she lost her claim to it on his birthday. I would like to give my son the money for a high school graduation/college acceptance gift, but I couldn't afford to do that if the ex still could claim it.


Asked on 5/11/12, 3:50 pm

1 Answer from Attorneys
Eric Trabin Lucid Legal, PLLC

Back child support is where there has been an order requiring a parent to pay child support and that parent failing to pay child support. Had there been an order in the past and the other parent failed to pay the support, then a person could go after for back child support . If there has never been an order of child support, then the other person isn't violating any court order and therefore cannot be forced to pay back child support. If she were to try to get retroactive support she would be limited to the past two years, excluding once the child turned 18.

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Answered on 5/16/12, 8:39 am


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