What is a statute of limitations?
The term “statute of limitations” refers to a law that limits the period during which an action may be brought. This time limit generally varies by state and type of claim filed. For example, the time limit for filing a wrongful death claim may be different than the time limit you have for filing a burglary claim. Federal law generally regulates the statute of limitations for cases decided under federal law.
Florida Child Support Due
Under the Florida Child Support Act, a parent has the right to apply for retrospective (earlier) child support. As a rule, the retrospective child support is reduced if the parents no longer live in the same household. Regardless, the retrospective child support period in Florida cannot exceed 24 months.
Florida’s Retroactive Child Support Act was enacted in 1998. Before the passage of the Retroactive Child Support Act, back support for paternity cases was not limited to 24 months and could go back to the birth of the parent.little boy. . Therefore, if a child was born before 1998, the amount of the backlog is not limited to just 24 months. In these cases, the mother can apply for maintenance from the date of birth of the child. Even after the child has reached the age of 18, a parent can sue for retrospective child support. See Campagna v. Deal with.
How do I apply for retrospective child support payments?
The custodial parent must apply to the court for retrospective child support payments. The application can be made during the divorce proceedings or in a separate court proceeding.
The application must include the due date of retrospective child support payments. The application must also justify why retrospective maintenance payment is justified.
Retroactive Child Support vs. Past Due Child Support
Retrospective child support is not the same as past due child support and it is important to distinguish between the two. Past due child support is child support that has already been ordered against the noncustodial parent but has not been paid when it was due. Retrospective child support, on the other hand, is an obligation that is not ordered until the custodial parent has a legal claim.
- Past Due Child Support Example: A family court orders a noncustodial parent to begin paying child support on January 1, 2017, but as of January 1, 2018, the noncustodial parent still has nothing paid. In this case, the noncustodial parent owes child support a year past due and may be penalized for non-payment.