Paulette Hamilton | August 17, 2026 | Child Support Cases in Orlando
Going through a child support dispute is almost always a stressful experience. However, it can get even more confusing when you learn that support payments might be owed for a period of time before a formal order was ever put in place. This is what’s known as retroactive child support, which Florida law does allow under certain conditions.
Whether you’re the parent seeking past support or the one being asked to pay it, learning about how this process works is important. Read on for the information you should know about so that you can protect your rights and interests.
How Retroactive Child Support Works in Florida
Retroactive child support is governed by Florida Statutes § 61.30(17). It allows a court to order child support payments covering a period before a formal request for support was filed.
The court can generally look back up to 24 months before the petition was filed. The starting point is typically when the parents stopped living together with the child, but the court generally cannot award retroactive support beyond the two-year period.
How Is Retroactive Child Support Calculated in Florida?
Retroactive support is different from unpaid child support, or arrears. Arrears are payments that were required under an existing order but were not paid. Retroactive support covers an eligible period before a support order was entered.
Courts use Florida’s child support guidelines to calculate retroactive support. The calculation considers the circumstances during the retroactive period. The court must also consider payments the parent already made toward the child’s support during that time and may credit qualifying payments against the amount owed.
Do Previous Child Support Payments Count?
Yes. A court must consider actual payments a parent made during the period covered by a request for retroactive child support. This can include payments made to the other parent, directly to the child, or to third parties for the child’s benefit.
Keeping records of these payments can therefore be important. Florida law also states that courts should consider an installment payment plan for retroactive child support, rather than necessarily requiring the entire amount to be paid at once.
What You Should Know Before Seeking Retroactive Support
If you believe you’re owed retroactive child support, there are some important things to keep in mind before moving forward. The amount awarded will depend on the facts of your case and the rules that apply under Florida law.
Keep the following in mind as the process moves forward:
- A formal request is necessary: You generally must ask the court to award retroactive child support as part of a child support proceeding.
- There is generally a 24-month limit: In an initial child support determination, retroactive support generally cannot extend more than 24 months before the petition was filed.
- Income during the retroactive period matters: The paying parent may present evidence of their actual income during the period for which retroactive support is sought.
- Previous payments can count: The court must consider actual payments already made to the other parent, the child, or a third party for the child’s benefit during the retroactive period.
Retroactive support can involve several financial and legal questions, so understanding what information the court will consider can help you prepare before moving forward.
Contact the Orlando Child Support Attorneys at Law Office Of Paulette Hamilton Divorce Lawyers for Help Today
Retroactive child support can affect both parents financially, and determining how much is owed isn’t always straightforward. The dates involved, each parent’s income, and payments already made can all matter.
For more information, please contact the Law Office Of Paulette Hamilton Divorce Lawyers in Orlando, FL for a confidential consultation with our experienced Orlando child support lawyers.
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About the Author
Paulette F. Hamilton is the owner and managing attorney at the Law Office Of Paulette Hamilton Divorce Lawyers in Orlando, Florida. She focuses exclusively on family law, handling complex matters involving divorce, child custody, child support, alimony, and property division. Known for her personalized, client-first approach, Paulette takes the time to understand each client’s unique goals and challenges—delivering thoughtful guidance and strong advocacy when it matters most.
