Retroactive child support can greatest be described as “again pay” for a particular time frame earlier than you entered into your little one assist order (pre-judgment). Beneath Florida regulation, the courtroom has the choice to award retroactive little one assist all the way in which again to when the events’ didn’t reside collectively in the identical family with their minor little one(ren).
In Florida, the quantity of retroactive little one assist can not exceed 24 months previous to the date of submitting the petition. When calculating the retroactive little one assist quantity, the courtroom will use the Florida Youngster Help Pointers, in addition to each events’ revenue for the retroactive interval into consideration. You will need to word that the courtroom ought to offer you credit score for any little one assist funds made throughout the retroactive interval.
Youngster assist arrears (post-judgement) are completely different than retroactive little one assist orders. Youngster assist arrears are the quantity you owe after the courtroom enters a baby assist order. As soon as the courtroom enters a baby assist order, you’re obligated to uphold no matter is said within the assist order. In the event you fall behind in your little one assist after the entry of a kid assist order, you’ll find yourself owing little one assist arrears.
The Distinction Between Retroactive Youngster Help & Youngster Help Arrears
The State of Florida acknowledges the distinction between retroactive little one assist and little one assist arrears. So long as you retain up along with your funds towards any retroactive little one assist, the State of Florida is not going to take enforcement motion in opposition to you. This additionally applies in case you are making a small cost quantity (i.e $20 a month) in direction of a big stability (i.e. $50,000). Nonetheless, when you miss a retroactive little one assist cost, the State of Florida will characterize your total retroactive little one assist stability as little one assist arrears. When this happens ,the State can garnish your wages, droop your driver’s license, stop you from renewing your expired Florida driver’s license, place a lien in your automotive or different private/actual property, levy your checking account, and/or droop your corporation or skilled licenses.
In relation to the Federal authorities, it doesn’t acknowledge a distinction between retroactive little one assist and little one assist arrears. In the event you owe both retroactive little one assist or little one assist arrears, the Federal authorities has the authority to remove your tax refund. So as to take action, your stability owed should be in a Courtroom Order on or earlier than September 30 of the yr. The Federal authorities also can select to place a hold on your passport in case you are behind by greater than $2,500 in retroactive little one assist or little one assist arrears funds.
At DADvocacy™ Law Firm, we’re dedicated to serving to fathers defend their rights and safe a good divorce or separation settlement. Our expert staff of Miami father’s rights attorneys perceive how tough it may be for fathers to navigate the legal justice system, which why we’re right here be sure to get hold of the justice you deserve.
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