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Will child support be retroactive from the date of original filing?

Kissimmee, FL |

Though to me it seems complicated, maybe to a trained professional it won't be. 2009 I had filed for an injunction with child support being requested. I received the injunction but he came unprepared the Judge allowed him time, he never provided the information. In 2010 went to DOR again filed for child support asking for the order to be retroactive. I have kept in touch with DOR constantly and had been told he had not been served. Finally had a hearing last week he did not show up the judge reset the hearing for June informing me the defendant had a hearing in July for failure to provide (?) that I should attend. I have an idea of his income and provided that to DOR. Certainly he will fudge his income will his delays be beneficial to me at the hearing? What will they ask at the hearing?

Attorney Answers 3

Posted

You are entitled to retroactive support from the Date the Petition was Filed, and the 24 months preceding it. DOR is well equipped to handle the situation.

This information is a general answer and is not specific to any particular case. Carin Manders Constantine, Esq. 727-456-0032/ 727-488-8272 familylawyer411.com/about-carin https://www.facebook.com/pages/The-Law-Offices-of-Carin-M-Constantine/125967577416313 http://www.linkedin.com/pub/carin-constantine/b/861/445

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2 comments

Asker

Posted

Since learning about the second hearing, the respondent has been aggressively taunting (better than saying threatening) me about his "lack of income" and I believe has been taking steps to reduce his income. What will be asked of me at the hearing? Will I this be like an injunction hearing? Do I need a new financial affidavit Since the one I submitted was years ago? What should I bring in with me? I have every single w-2 and return since 2008 current paycheck stubs, health Insurance payments that I pay. As far as I can tell that is really all that is required to establish a support order, is this correct?

Carin Manders Constantine

Carin Manders Constantine

Posted

You only need to bring a current Financial Affidavit, copies of your paycheck for last 3 months, 2012 tax return, and all costs for Health Insurance and Daycare.

Posted

Usually. His delays might be good for you. They will ask what his income has been.

R. Jason de Groot, Esq., 386-337-8239

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Posted

Yes the delay should be helpful and you may have a claim to retroactive support. Please feel free to contact my Orlando office during regular business hours at 407-354-5223. I offer a free consultation and would be happy to speak to you about your case.

You should consult an attorney for advice regarding your individual situation since every case is different and not all information is relayed in an online question. The Law Office of Ophelia Bernal-Mora, P.A. is a family & criminal law firm located in Orlando, Florida, we invite you to contact us and welcome your calls at 407-354-5223. Contacting us does not create an attorney-client relationship. Please do not send any confidential information to us until such time as an attorney-client relationship has been established.

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