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help..confused on child support laws

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nicolen1130

Junior Member
What is the name of your state? Florida

My fiancee has 2 children with his ex, they are 7 and 9. he had his first child when he was 16, the mother was 35..thats beside the point now..just a little more info. to help describe the situation. after 9 years he recieved paperwork stating he must appear in court for child support. We knew that would be coming one day so thats no suprise. We are on great terms with the mother and she says she is going to go in to court and say she doesnt want any support from him b/c he takes care of the kids and does what he can when its needed and thats more then what she can ever ask for. well my question is...she has been on state aid since the children were born..from food stamps/housing/medicaid/etc...and the oldest child had childhood cancer so the hospital bills would be ridiculous...we are aware that even if he's not paying support to her he would still have to pay money to the state for these services, but will he be responsible for the back support? even though he was never court ordered to pay anything in the past? also she is trying to say now that "she talked to child support" and was told that if he doesnt give her at least 25dollars a week in money orders starting now-ontil the court date that he's going to go to jail on the day of court..I can't believe this is true considering he has never been to court for this and when he called child support they said there are no open cases for him..but I figured I'd ask just to make sure...thanks for reading my long story!
 


TinkerBelleLuvr

Senior Member
No, he would pay according to a court order. Any monies given now would be a 'gift'. As for them going retroactive on the child support, Gracie is the guru.
 

fairisfair

Senior Member
I believe Florida allows from the date the parents ceased cohabitating, not to exceed 24 months from the date of filing.
 

jubes

Junior Member
if the mom is recieving state aid and her case is up for review the courts will go after the father for support this makes sense why this is coming up now (since the state's have so many cases to go through your case will only come up every few years for review) he may be obligated for back child support but that is only if the custodial parent demands it in her paperwork.

You may be able to find more information here to help you

http://dor.myflorida.com/dor/childsupport/
 

Gracie3787

Senior Member
I believe Florida allows from the date the parents ceased cohabitating, not to exceed 24 months from the date of filing.
That's correct. And when the mother has been collecting state aid, it is virtually guaranteed that the CS will be retro back the 24 months.
 

Gracie3787

Senior Member
he may be obligated for back child support but that is only if the custodial parent demands it in her paperwork.
Normally, when the mother is collecting state aid, the mother does NOT have the choice on retro support, the state does. The best way to think of it is that the state will ALWAYS do every thing they can to gain reimbursement from a NCP for aid paid before a CS order is issued.
 

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