Who Gets The Child Support Arrears

by Kelle from Hayward, Wisconsin

When my daughter turns 18, if Child Support arrears are still owed, will the Custodial Parent or the 18 year old daughter receive the arrear payments?

My daughter is 13 and lives in Florida, complex kind of case involving that I've found out this year I'm legally still her mother.

She lives with Custodial Parent, whom was awarded Custody May 2003, and just filed in 2010 for child support after receiving public assistance for many years.

I've found that He owes Me arrears for Child Support from when I was the Custodial Parent. When My daughter turns 18, will the Custodial Parent still receive the arrear monies or will the Florida Depository issue those monies to My daughter then?

Answer to Florida Child Support Question

Dear Kelle,

The parent receives the child support arrears. The theory is that since the custodial parent fed and sheltered the child without child support in some way, then that parent is due the arrears as reimbursement for money already spent.

If your ex, the child's father, was collecting public assistance for years, and is now suing you for child support, it is my understanding, that he can only be awarded two years retroactive child support.

61.30 Child support guidelines; retroactive child support.--

17) In an initial determination of child support, whether in a paternity action, dissolution of marriage

action, or petition for support during the marriage, the court has discretion to award child support retroactive to the date when the parents did not reside together in the same household with the child, not to exceed a period of 24 months preceding the filing of the petition, regardless of whether that date precedes the filing of the petition. In determining the retroactive award in such cases, the court shall consider the following:

(a) The court shall apply the guidelines schedule in effect at the time of the hearing subject to the obligor's demonstration of his or her actual income, as defined by subsection (2), during the retroactive period.

Failure of the obligor to so demonstrate shall result in the court using the obligor's income at the time of the hearing in computing child support for the retroactive period.

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