Tampa, FL asked in Child Support for Florida

Q: Am I responsible for retroactive child support while I was incarcerated?

I broke up with my ex girlfriend July 2018 and in January 2019 I was sent to jail until July 2019. Back in January of this year I was served with an administrative order to establish child support. I completed the paper work & turned it back in in time. Yesterday I just received a proposed order, and they’re requiring me to pay retroactive support and they’re including the 7 months I was incarcerated in that number. I had no income during that time period so, how can I be held liable for child support then?

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2 Lawyer Answers
Rand Scott Lieber
Rand Scott Lieber
Answered
  • Hollywood, FL
  • Licensed in Florida

A: A parent can be imputed minimum wage as income. Going to jail or prison does not alleviate the child support obligation. They should give you time to make payments on the arrearage.

1 user found this answer helpful

Jean Richardson
Jean Richardson
PREMIUM
Answered
  • North Miami, FL
  • Licensed in Florida

A: The statute does not make an exception for incarceration. Typically, the state will ask that you pay retroactive child support for up to 24 months. The back child support can be paid via lump sum or payment plan. The fact that you were incarcerated is immaterial because you are paying now and going forward.

1 user found this answer helpful

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