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

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?

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Attorney answers 3

Posted

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 Albert Batista is located in Naples, Florida, and provides answers to these legal questions for educational and informational purposes only, and not as a substitute for an in-person meeting with an attorney. No attorney-client relationship is created by this generic legal answer. If you would like to consult with an attorney, please feel free to call or email me to set up an appointment, or contact any of the attorneys in your area.

Posted

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.

Posted

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 obtained in this forum. Therefore this answer CANNOT BE RELIED UPON AS LEGAL ADVICE FROM THIS ATTORNEY.

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