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LegalGems
LegalGems, Lawyer
Category: Family Law
Satisfied Customers: 7984
Experience:  Experienced Family Law Attorney
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IN FLA- IF A PARENT DID NOT PAY AS AGREED FOR YEARS THEN

Customer Question

HI- IN FLA- IF A PARENT DID NOT PAY AS AGREED FOR YEARS THEN DECIDES TO GO BACK TO COURT TO RE-NEGOTIATE AND HE WINS- WHAT HAPPENS TO ALL THE YEARS OF BACK SUPPORT NEVER PAID? WOULD THE NEW AMOUNT BE GOING FORWARD OR RETRO ACTIVE?
JA: PayPal, Debitcard or credit card are all fine. Since laws vary from place to place, what state is this in?
Customer: IN FLORIDA
JA: Have you talked to a lawyer yet?
Customer: IN OTHER WORDS , MY EX DIDNT PAY AS AGREED FOR YEARS PER OUR COURT ORDERED SETTLEMENT AND I WANT HIM TO PAY WHAT HE OWES ME- IF HE SAYS NO I WANT TO GO BAKC TO COURT AND RENEGOTIATE THE SETTLEMENT CAN HE WIN AND NOT HAVE TO PAY WHAT HE OWED ME?
JA: PayPal, Debitcard or credit card are all fine.
Customer: NO I HAVE NOT
JA: Anything else you think the lawyer should know?
Customer: I ALSO WANT TO KNOW IF NOW THAT HE IS REMARRIED IS HIS SPOUSE LEGALLY RESPONSIBLE IN ANY WAY?
Submitted: 6 months ago.
Category: Family Law
Customer: replied 6 months ago.
we had a motion to deviate from guidelines and we both agreed to it and the judge granted it
this was in 2011 - he never paid as agreed on the support/ college fund/ life ins and other responsibilities
I want him to make good on it in some way now that he is making more money- he is remarried and their income is double mine
Expert:  LegalGems replied 6 months ago.

Hello; fortunately the law is designed so that the court only has jurisdiction to modify child support orders going forward; they cannot modify past child support as those payments are due monthly, and when they become due, they become arrears if not paid.

Basically a court has jurisdiction to order child support modification requests retroactive to the date of the filing of the request- so if I have a child support order from 1/1/2000 that states that I must pay $100 a month, if I file a requested modification on 8/23/2016 requesting that support be lowered to $50, and the court holds a hearing on the issue on 9/23/16, the court, on 9/23/16, can make the order retroactive to the filing date- i.e. 8/23/16, and not earlier.

Basically the court knows that a parent will rely on those payments and expect to receive them at some point in the future, so equity would not be served by modifying them.

A new spouse is not liable for the other's child support obligation.If, however, the parent has lower expenses due to the new spouse, the court may take that into consideration and order higher support payments (going forward).

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Information provided is for educational purposes only. Consultation with a personal attorney is always recommended so your particular facts may be considered. Thank you and take care.