View Full Version : How far back can the state of Florida go to get child support with no court order
jj48fn1
Aug 15, 2012, 06:23 PM
I have never had an order for child support and left the father of my child when our child was 2 and moved out of state. I avoided attempts from the father and last year he and his daughter have reunited and now she wants to live with him in his state. What can I do to get back child support? Can the state of Florida go back? And if so for how long?
Fr_Chuck
Aug 15, 2012, 07:08 PM
So you did not want support till she wanted to live with the father ? Sounds somewhat vindictive to me. If you did not want the support before is the only motive for this, the desire of the daughter to live with father?
Next how old is the daughter ? If she is not 18, you don't have to let her do anything and the child has to live with the parent who has the custody. From the custody order issued by the court. So the father will have to go back to court to get custody issued to him for the child to go live with him. ** even if you agree, it still needs to be done though the court.
You can not collect anything without a court order. You can file for current support and back support for up to two years, No more than two years. But the back support is not given all the time it is up to the discretionary opinion of the judge. So it is possible if the father shows the only reason you are asking for it, as a form or punishment for a change in custody ( which it sounds like from the very little info given) they may not even give any back support,
If it is awarded it is no more than 2 years and at the earnings during those years
ScottGem
Aug 16, 2012, 03:34 AM
I avoided attempts from the father
What does this mean? If you hid the child from the father, you might be prosecuted for parental kidnapping. Clearly there was parental interference.
As Chuck noted, I doubt, under these circumstances whether a court would even award you back support.
The way I see this playing out, is, if you go to court for support, he goes for custody. He gets custody, because you have kept the child from him. And he files fro support from you. Your support petition is denied because he now has custody.
Fr_Chuck
Aug 16, 2012, 05:11 AM
Now, if we have misunderstood what you wrote, please come back and clarify your question. Often people do not think clearly on their wording and we have to examine and "assume" on everyword as to what they may have meant.