Blog

Retroactive Child Support in the Orlando, Florida Area

Under Florida Statute 61.30(7), a parent in a paternity or divorce case can seek retroactive child support for twenty-four (24) months prior to filing the petition for paternity or petition for dissolution of marriage where the minor child has not emancipated during that period. A parent may also seek child support from the time of filing the petition for paternity or the petition for dissolution of marriage until the child emancipates. 

Normally, the courts will not order child support if the parties are living together under the same roof at the time of filing the petition. The parties must be living apart. 

Generally, once a child reaches the age of majority, a parent loses standing to pursue child support. 

Child support is determined by taking the net incomes of both parties. The parent who pays the health insurance for the child gets credit for that. The parent who pays for the child’s daycare gets credit for that. 

There is a Florida Supreme Court form of Child Support Guidelines Worksheet on the Florida Supreme Court website. You can use that child support guidelines worksheet form to calculate child support from your and the other parent’s financial affidavits. You can obtain your net income from your financial affidavit. You can obtain the other parent’s net income from their financial affidavit. You can then plug the other numbers into the form too. Then you can calculate the child support in your case by following the Supreme Court form instructions and directions on how to do that. 

Most attorneys have child support guideline worksheet programs that they plug in numbers and calculate child support. If you hire an attorney, they will calculate the child support for you. You can read more about child support in Florida by reading the official Florida Statute on child support. That should bring you to Florida Statute 61.13, and then you can read all about child support in Florida. 

If you have more questions regarding a Marital and Family Law matter, you may call Ann Marie Giordano Gilden at Ann Marie Giordano Gilden, P.A. at 407-732-7620 and set an initial consultation. You may also visit my website at: https://www.annmariegildenlaw.com