Legal Question in Family Law in Florida
In the State of Florida why does the non-custodial parent have to pay arrears if the custodial parent voluntarily closed the case and begin receiving public assistance?
4 Answers from Attorneys
Because the NCP is reimbursing the state. It really has nothing to do with closing the case (I don't know what you mean by that). Once a custodial parent begins receiving public assistance, the non-custodial parent is obligated to the State for support it paid to the CP.
The amount of the child support arrearage reflects money that was owed prior to whatever action is being taken by the custodial parent. Regardless of what that action is, the child support is still owed for the time periods when it was not paid as ordered.
Only the Florida Legislature can answer that question.
If the other parent is on public assistance then you have to pay.
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