Miami, FL asked in Family Law and Child Support for Florida

Q: The court reserved jurisdiction on child support in Florida, after my exes motion to relocate was denied.

In the original dissolution my ex and I had 50/50 time sharing. She filed a motion to relocate with the kids and it was denied and I was given majority custody as she had already moved. I was paying her $450 a month in the 50/50 situation. This was about 3 years ago. A ruling on child support never came through. Since I’ve had majority custody and was paid up until the new order took over, can she come after me for back child support or would I get back child support? Using a support calculator with incomes and overnights, she would’ve owed me a few hundred per month.

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1 Lawyer Answer

A: If you had majority custody after her move and there was no ruling on child support after the custody change, your ex-wife would not have grounds to pursue back child support for this period because child support obligations would normally align with the custody arrangement. Consult with a lawyer if you could potentially file for retroactive child support from your ex-wife. Calculations for support payments would consider both parties' incomes and the number of overnights typically spent with each parent.

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