Retro Child Support

[Jenatu]

In what circumstances allow a person to not have to pay Retro Child Support besides being incarcerated? What happens if the person that is supposed to pay child support is unemployed?

 

[Duranie]

Then you ask for CS to be adjusted to minimum wage, or drawing unemployment. Yuor arrears will still continue to build up.

 

[pueblonative]

Keep in mind that retroactive child support (i.e. child support set for a time before the obligor knew about the obligation) is different than a modification in circumstances (such as incarceration) that would affect your ability to pay current child support. Check with your lawyer.

 

[Jenatu]

There is no lawyer. Am I to understand that there is a possibility of not having to pay retro back from the time the child was born and in what case besides incarceration? Can it be limited until the date of the paternity test results?

 

[pueblonative]

Okay, are you saying that for a period of time before the child support order was set in place the person was in prison? I definitely would check your laws to see A. If there is a statute of limitations on child support and B. if so how would they calculate that retro period.

 

[Jenatu]

No, he was never in jail. I just want to know if there is anyway where he will not have to pay retro all the way back from when the child was born

 

[irish223]

Yes, it is possible, but it depends on the state's laws, when the child support order was established, whether or not the mother was on state aid, etc.

There is no way to tell you if any of that applies in your case due to the limited details provided.

 

[Jenatu]

I looked in the Florida Statutes and could not find anything. Can I assume that the father may not have to pay retro previous to mother receving aid? There is no order yet, but it has been filed and the hearing is soon. I would like to present to the court a staute or similar documentation which would imply that arrears are not applicable prior to mother receiving aid, or paternity established. I need help please!

 

[Jenatu]

No bother, I found the Statutes and it is possible for zero retro 61.30 (17) Also, the mother is to find work to support 1/2