Legal Question in Family Law in Florida

My wife filed for divorce in 2010. In 2011 we decided to try to work things out but the divorce was never dropped. Now I have decided to continue the divorce and she is filing for retro child support for the last 6 years. I am located in Florida and it states that child support can only be retro back two years. It is possible for her to get 6 years of child support when I have technically taken care of our child even though we haven't lived together. No child support was ever to be paid the last 6 years while we were trying work things through.


Asked on 6/29/16, 11:51 am

2 Answers from Attorneys

Barry Kaufman The Law Office of Barry W. Kaufman

Probably not. She might try, but I think will see through that pretty easily. I don't know what you mean by technically taken care of your child - either you contributed support, or you didn't. You'll have to demonstrate to the Court that you fulfilled your legal responsibility of supporting your child the last 6 years. You will do that by your own testimony, the testimony of credible witnesses, and your records. For example, if you helped your wife pay the rent or mortgage where she and the child were living, that's support. If the child was living with you for a period of time, that's support. As a parent, you have a legal duty to support your children. When you and your wife and children live under the same roof as a family, that's support and of course there's no involvement by the legal system in that relationship. It's only when Moms and Dads separate and a legal action is filed, does the legal system become involved. So, even though there was no court order requiring you to pay money to your wife to support your child for the past 6 years, you still had the legal duty to support your son or daughter. The manner and methods of how you accomplished that duty are the things you will need to present to the Court. hope that helps.

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Answered on 6/29/16, 5:54 pm
John Smitten Carey and Leisure

Not likely. You reconciled for a bit so the time starts over. Plus the clerk probably dismissed the case for lack of activity.

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Answered on 6/30/16, 2:47 am


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