It is the most unfortunate case when a parent doesn’t financially support their child. The reasons people give are numerous. The excuses I hear are: “the other parent spends it on themselves”, “I don’t get to see my child” and, “we agreed that there would be no child support”. Whatever the reason a parent might give, it is no excuse not to pay child support and from a legal prospective these excuses don’t work either. A parent has the moral and legal obligation to support their child financially.
I am not getting any child support from my ex, what can I do?
If you are unmarried and your child is living with you primarily, then you would need to initiate a paternity action. As part of the paternity action, you can request for your ex to pay child support. The child support would be paid in accordance with the child support guidelines (insert link to the child support page). The court would also establish a parenting plan and timesharing schedule as part of the case.
I have been separated from my ex for several years, can I get back child support from them?
Florida Statutes 61.30 gives a Court the discretion to award retroactive or back child support going back to the time of the parties’ separation. However, the period of back support cannot exceed 2 years prior the filing of the action.
Example: Mary and John have a child. They separated and ceased living together in January 2009. Mary files her child support action in January, 2014. Mary can seek child support back to January 2012.
I pay all of my child’s health insurance and all uncovered medical expenses, can I get my ex to contribute to this as well?
Yes, the cost that you pay for your child’s health insurance will be factored into the child support calculation. As for the uncovered medical expenses, yes, the court will require both parties to contribute to the costs of those according to a percentage ordered by the Court.