When you are the spouse or parent who is potentially responsible for paying alimony or child support, there are a lot of financial factors that go into calculating exactly how much that obligation should be. One of the things that the law requires courts to consider is other payments that benefit your spouse and/or child. For example, if you are paying the mortgage payment on the house in which your spouse lives, that payment could be declared to be a type of spousal support. Similarly, paying 100% of your children’s private school tuition might qualify as a form of child support. These areas can be especially important when you’re in a case where you are potentially facing an order to pay retroactive support.
Two recent cases show how the process is supposed to work, and what you can do when it doesn’t. In the first, J.C.J. and M.J. were Palm Beach County parents going through divorce. At the conclusion of the divorce case, the trial judge made several rulings about alimony and child support. One of the rulings demanded that the father pay retroactive child support.
The father later appealed and won a reversal of the retroactive child support order. The reason? When the trial judge made that ruling, he didn’t factor in the mortgage payments that the father had made. The father had evidence that he had been the one who paid the mortgage payments on the home in which the child lived during the pendency of the divorce. Florida law says that a supporting parent is entitled to receive credit for “actual payments” made to the child or to the other parent. They’re also entitled to credit when making payments to third parties for the benefit of the child. That includes things like payments to lenders or landlords to cover the housing payment for the home in which the child resides. This father didn’t get that credit, which is why he was entitled to have his retroactive child support recalculated.