I filed for child support with Dept of Revenue 5 months ago and have not heard anything. Will they award back child support?

Asked almost 2 years ago - Clearwater, FL

It's been 5 months since I filed for child support against my ex-boyfriend for our son. We have actually been separated for 2 years now. He has not given me a dime for support and expenses for his son. He claims he just filed to establish paternity (something he never did before because he refused to pay child support.) He did this now in response to me refusing him to spend time with his son. I am keeping myself and my son away from him now because he is a time bomb with his increasing uncontrollable anger and I don't trust that he will not conceal the child from me. He was physically and emotionally abusive when we were together (R.O.'s, police reports, etc. in my possession to prove). When the D.O.R. does award support, will it go back to the date I filed it? Or to the date we split?

Attorney answers (3)

  1. Lawrence Joseph Marraffino


    Contributor Level 13


    Lawyer agrees


    Answered . Yes, they will. Unfortunately, the DOR has lots of cases and they move very slowly. You can call and ask for status updates, but they may not even talk to you. It can be VERY frustrating! I strongly suggest you get an attorney to handle the visitation issue. If you have fears that your ex will kidnap your child, a court order would get law enforcement to respond faster if he ever failed to return your son. Best wishes to you.

    Lawrence J. Marraffino
    Family Law Attorney

    This answer cannot be a substitute for legal advice which requires more information from the client than can be... more
  2. Alberto Victor Batista

    Contributor Level 10


    Lawyer agrees

    Answered . The Department of Revenue has to request back child support in their pleadings in order for it to be awarded. You should try to get a copy of the legal documents that have been filed in your case, and review them with an attorney. Child support can be awarded for up to 24 months back from the date of filing.

    Albert Batista, Esq 9853 North Tamiami Trail, Suite 203 Naples, Florida 34108 Phone: 239-272-9327 Attorney... more
  3. John Arthur Smitten

    Contributor Level 18

    Answered . back child support can be assessed up to 2 years before the date of filing of the case. If you want to go for full custody contact my office.

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