Legal Question in Family Law in Florida
retro support
Trying to understand FL laws. Custodial parent lives in another state and requested child support through local CSE. Non-custodial parent lives in FL.
I filed for CSE services in 6/08. After months of waiting, FL DOR filed petition with FL courts 2/09. If I read the posts correctly, any retro support awarded would be calculted from 2/09? Correct? Doesn't seem fair, but just trying to understand the law.
1 Answer from Attorneys
Re: retro support
If there was no order in existence before 2/09, support will likely be calculated from 3/09 (the month in which CSE files doesn't count). Support will start from whenever the order eventually gets entered, but a little extra will be added (as much as 25% of the monthly payment) to cover however much accrues from 3/1/09 until the date of the court order.
In other words, let's say the court order gets entered as $1,000 per month regular support in January of 2010. As much as $250 will be added monthly to the payment, for a maximum total of $1,250, to cover the difference from 3/09 to 1/10.
Of course, every case is different, and sometimes judges don't start support in the month after the case is filed, but that would be unusual.
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