Florida Family Law FAQs

Can I get credit for child support I paid even though the kids were living with me?

January 23, 2024 in Child and Spousal Support (Alimony), Modification to Prior Orders

In a recent case, a Florida appellate court addressed whether a parent can get credit for child support payments made during a period when they were actually taking care of the children. The central issue was the retroactive modification of child support in light of a change in the child’s primary residence.

The father in this case had been making child support payments, but at some point, the child started living with him full-time. He sought to modify his child support obligations retroactively, to the time the child’s living arrangements changed. The lower court refused this request, but the appellate court overturned this decision.

The appellate ruling highlighted that changes in the child’s living situation can warrant a reevaluation of child support obligations. If a parent becomes the primary caretaker, they may be entitled to modify their child support obligations to reflect the new living arrangement. However, this modification is not automatic and requires a court order.

If you find yourself in a similar situation, where you’re paying child support but the children are living with you, it’s possible to get credit for these payments. Contact Shemtov Hillstrom at (954) 329-2222 to schedule a consultation to discuss retroactive child support credit with our family trial lawyers.

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