Child support awards in Florida are always subject to modification, based upon many different reasons. In connection with a proceeding for the modification of child support, the question of retroactive support becomes important.
In other words, if an increase in child support may be appropriate, at what point in time does that increase become effective? Is the increase effective as of the date the circumstances arose, which entitles the recipient to receive more support, or does the increase start from the date of the award by the judge, or some other date? If you , as the payor, are seeking a reduction in the payment of child support, what date does that reduction occur?
The answer to that question was clearly provided for in the case of Webber v. Webber, 56 So3d 822 (Fla. 5th DCA 2011). The court in the Webber case made it clear that any modification of child support cannot be imposed on an individual prior to the date that a petition for modification is filed.
The moral of the story is that if you believe that you are entitled to either an increase in child support, or a decrease, don’t wait to file. If you delay in filing, you will lose out on the benefits that you are seeking.