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  1. #1
    Join Date
    May 2011
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    2

    Default Non-Court Ordered Support, Becoming Ordered

    My question involves child support in the State of: Florida

    I have been paying an agreed upon amount of support and providing health coverage for my child for 17 years, non-court ordered. I have always paid and provided for my child. Have cancelled checks to prove it. I have not seen my child in almost 2 years (Teenage female, her mother will not encourage, but that is a different issue)

    Due to lack of work around the first of the year I fell behind 2 months.

    Childs mother applies for state assistance (Food stamps and such) now I receive a court summons for support. The child reaches the age of 18 in August.

    When does the support begin? At time of order? Or can the state go retro on me and conclude that I was not paying enough and just being a nice guy?

    I believe in self-responsibility and have no problem finishing , just don't want to get worked over by the system when I have come so far.

    Any input would be appreciated.

  2. #2
    Join Date
    Apr 2009
    Location
    Somewhere near Canada
    Posts
    35,894

    Default Re: Non-Court Ordered Support, Becoming Ordered

    Generally the State will only require reimbursement retroactive to when the state assistance began. You were not (generally) legally obliged to pay child support without a court order.

  3. #3
    Join Date
    May 2011
    Posts
    2

    Default Re: Non-Court Ordered Support, Becoming Ordered

    From my understanding, there has to be a court order in place before enforcement begins.
    Can the state go back on me and determine that I have not been paying enough and enforce retroactive payments? Or has Dogmatique already addressed this in previouse reply?

  4. #4
    Join Date
    May 2008
    Posts
    582

    Default Re: Non-Court Ordered Support, Becoming Ordered

    Florida can order retroactive support, but only 2 years from the date of filing. It is not an automatic thing, the petitioner must request it.

    If you've kept good records of your payments then you should receive credit towards that retroactive support.

    The fact that you haven't seen your child in 2 years will come into play when calculating support. If a child spends more than 40 percent of the time with one parent then parent that spends more time with the child gets a bit more support. You could make an arguement that you had seen the child until 2 years ago.

  5. #5
    Join Date
    Apr 2009
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    Somewhere near Canada
    Posts
    35,894

    Default Re: Non-Court Ordered Support, Becoming Ordered

    Quote Quoting govtmule
    View Post
    From my understanding, there has to be a court order in place before enforcement begins.
    Can the state go back on me and determine that I have not been paying enough and enforce retroactive payments? Or has Dogmatique already addressed this in previouse reply?


    Not when it comes to the State being reimbursed - they can go ahead and enforce without a court order.

    (There is a difference between Mom being paid child support, and the State requiring you to pay them back for welfare etc.,)

    Quote Quoting distressedmom
    View Post
    Florida can order retroactive support, but only 2 years from the date of filing. It is not an automatic thing, the petitioner must request it.

    If you've kept good records of your payments then you should receive credit towards that retroactive support.

    The fact that you haven't seen your child in 2 years will come into play when calculating support. If a child spends more than 40 percent of the time with one parent then parent that spends more time with the child gets a bit more support. You could make an arguement that you had seen the child until 2 years ago.


    That would actually work against the OP.

    If FL decides to go back two years, they'll realize that Dad hasn't seen the child at all during that period.

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