Legal Question in Family Law in Florida

Retroactive Child Support

Paternity of my son was established in 2003. The judge ordered retroactive child support starting from the birth of the child in 1993. The Florida statute 61 states that retroactive support can't be for more than 24 months prior to the filing for support. I did a motion stating this statute to reduce my retroactive support. The judge said that since the child was born before July 1, 1998 this statute did not apply, so my motion for modification was denied. I cannot find anything in the statutes that states this. What can I do? Where can I find this exception? I pay 700.00 a month in child support and do not have the money to pay for an attorney. I am currently trying to get court ordered visitation for my son. I have brought him to where I live for the past 2 summers since paternity was established and I still have to pay her support when he is with me. I have had to provide shoes and clothes for him because she doesn't provide him with decent clothes even with the support she recieves. If I get court ordered visitation will I be able to pro rate my support to accomodate for the 3 summer vacation months plus 2 weeks of either spring or christmas holidays spent with me?


Asked on 11/04/04, 11:54 am

1 Answer from Attorneys
Moses Williams Moses E. Williams, Attorney at Law

Re: Retroactive Child Support

I would need to see the court order and pleadings to advise you in this matter. You need to appeal the court order before your time runs out: usually 30 days.

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Answered on 11/04/04, 3:32 pm


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