Can the Court base a retroactive child support calculation simply on what a party is making now?
Under F.S.A. § 61.30(17), an initial support award in a dissolution proceeding may be made retroactive to the date of the parents’ separation, but not more than 24 months before the filing of the petition.
When determining a retroactive award, the court must do the following:
Under F.S.A. § 61.30(17)(a), the Court must apply the guidelines schedule in effect at the time of the hearing subject to the obligor’s demonstration of his or her actual income, as defined by F.S.A. § 61.30(2), during the retroactive period. Failure of the obligor to so demonstrate shall result in the court using the obligor’s income at the time of the hearing in computing child support for the retroactive period.
Under F.S.A. § 61.30(17)(b) the Court must consider all payments made by a parent to the other parent, the child, or third parties for the benefit of the child throughout the proposed retroactive period.
Lastly, under F.S.A. § 61.30(17)(c) the Court must, “Consider an installment plan for the payment of retroactive child support.” This type of payment plan usually tacks on around 10% of the child support amount on a monthly basis until any retroactive arrearage is paid off. For instance, if your child support payment is $600/month, the Court may increase it to $660/month until arreareage is paid off.