Legal Question in Family Law in Florida

My husband and I are both US residents. He was previously married in Colombia and had two daughters with his ex-wife. Over the years, he sent money to Colombia on a monthly to basis to help them out. Recently, this past february, his ex-wife moved to the U.S. with her fiance (whom is a U.S citizen) and the daughters. One of the girls will be 18 Next January and the other 17 in March. His ex-wife recently filed for child support and I am curious about the following:

If the payments can be retroactive as far as when they lived in Colombia or if they will only go up to this past February when they moved into the country/legal temp. residents?

Will the payments only remain active until they are 18 years old, since there is no child support agreement up until this day?

My husband is currently unemployed, does this mean that my wages can be garnished to support his daughters?


Asked on 10/19/09, 10:07 am

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

If there was a court order outstanding for child support, payments can be retroactive for as long as the court order has been outstanding. If there has not been a court order outstanding, payments can go back as far as two years. Payments should be adjusted when a child turns 18 or finishes high school, whichever happens last. Your wages are irrelevant and can't be garnished.

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Answered on 10/19/09, 10:44 am


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