Retroactive Child Support for an incarcerated spouse

by | Oct 4, 2019 | Firm News, Florida Family Law

We live in Florida. My ex has been in prison for 10 years. He has been paying child support on his other child but not ours because I don’t allow communication. We did not have a previous court order for child support because at the time of his arrest we had shared parental control. He is in a good financial situation because he is part of his family business. Can I seek retroactive child support from my ex-husband who has been incarcerated the past 10 years?

The maximum amount of retroactive child support payments available in Florida is 24 months. This retroactive child support may be made in one lump sum, or in installments.  The parent who believes they are owed retroactive child support must file a written request, or petition which specifies the date the payments should go back to and provides reasons which will justify the retroactive child support award. Speak with a professional lawyer like Mark E. Sawicki, P.A. to fully understand how to file the petition.