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How a parent may request back child support

Florida parents who are asking for child support as part of their divorce order may sometimes want to seek retroactive support from the date that the couple physically separated. If the parent who has not paid support is a father, the custodial parent might have to show proof that he is aware that the child is his. Custodial parents may need to show proof that they have attempted to collect support from the other parent and that the parent has not paid.

Noncustodial parents may counter this claim if they have receipts showing that they paid support. Even if they have not paid support, they might be able to show that they provided items such as clothing and food. Without receipts, they may still be able to prove their support if they have records of communication or even a witness who can provide testimony that support was given.

The court may also consider things such as child care toward support if the parent has been unable to contribute financially. Furthermore, it may not assign back support payments to the noncustodial parent if the parent will be unable to pay. For both parents, a good rule of thumb is to keep records and receipts in case of any support disputes.

Whether parents have never been married to one another or once were and are going through a divorce, they may want to try to negotiate a custody and visitation agreement rather than having a judge decide. By working together to reach an agreement, they might arrive at a solution that will better suit their child and their lifestyles. If they run into conflict, a mediator may also be an option. An advantage of a mediator over litigation is that the mediator works toward an agreement that both parties are satisfied with.

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Brandon Family Law Center, LLC

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