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When Calculating Retroactive Child Support Should Use Historical Income

August 9, 2016 by  
Filed under Uncategorized

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Under Florida law a court can award retroactive child support from up to two years prior to the date of filing of the petition.  Where retroactive child support is being calculated the court should not use present earning but the earnings during the period as to which the retroactive support obligation pertains.

In State, Department of Revenue, Child Support Enforcement v. Duggan, the First District Court of Appeals for the State of Florida reversed a retroactive child support award where the retroactive obligation amount was based upon a parent’s present income rather than using the income during the retroactive support period.  The State had the information as to the parent’s income during the period as to which the retroactive support obligation related but used his present income for the calculation of the retroactive support obligation instead.

If you need to talk to a lawyer about child support or retroactive child support please contact us to arrange a consultation.

 

 

 

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