Matthew Lane & Associates, P.A.

Retroactive Child Support Payment in Florida

Child support arrearage payments should be made during the supported child's minority. "We...reverse that portion of the order which allows the father to satisfy the $18,499.75 arrearage by paying only $20.00 per month.

The repayment schedule would result in the father potentially not satisfying the arrearage until the child reaches twenty-nine years of age, without any legal basis to support such a delay...This case is indistinguishable from Lamar v. Lamar, 889 So. 2d 983 (Fla. 4th DCA 2004). [In Lamar] we held: [A plan for purging child support arrearages which postpones repayment of support until the object of such support reaches legal age or becomes self-supporting flies in the face of the very reasons for which 'child support' exists. Id. at 984 (citations and internal quotations omitted). As we did in Lamar, we hold that it was error for the circuit court to permit such an extended and delayed repayment schedule for the father here. The father should be required to make more reasonable arrearage payments concurrent with his regular support payments." Hernandez v. Hernandez) 

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