Legal Question in Family Law in Florida
Child Support Before Final Judgement
A temporary order in July, 1997 set my child support at 735/month. I did not pay the full amount every month. When the final judgement of divorce was entered in August, 1998, it stated that the temporary amount was to become permanent, but the papers did not state anything about any back amount of support owed. Since the final judgement, I have paid the 735/month faithfully.
My Ex is now taking me to court to pay the remainder of the amount I owe. Can she go back prior to the final judgement to get money, or can she only go from the final judgement forward since it didn't state anything about me oweing back child support at that time?
1 Answer from Attorneys
Re: Child Support Before Final Judgement
Thank you for the question. There is no clear answer to this. There will be decisions which go both ways. My personal opinion is that all issues including anything owed on temp child support merged into the final decree and if it did not provide for a judgment for past due temp support then there is none owed.