Parties should be aware that the obligation to pay child support begins immediately upon the separation of the parties. F.S. 61.30(17) states:
“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.”
A party who waits for the Court to run the child support guidelines for them months/years down the line can end up owing tens of thousands of dollars in retroactive support, payable over-and-above the ongoing support obligation.
Beware of providing cash support, or buying various items for the child from the store without saving receipts. Even if you do save receipts, those purchases may not be credited against the retroactive support obligation. See: DOR v. Soto, 28 So.3d 171 (Fla. 1st DCA 2010) (gifts such as jewelry are not creditable; necessities such as prescriptions, health insurance payments, and private school tuition may be creditable).
The best practice upon separation is to immediately strive toward receiving a court ordered timesharing schedule that is in the children’s best interests. Speak with a competent family law attorney who can run preliminary guidelines, and begin paying that amount while you await final resolution of your case. Pay your child support obligation by check, with a notation in the memo line that the payment is for child support.