SPARC Forums

On another board, a poster told me that in Florida it is forbidden to get retroactive on downward mods. I thought it was only forbidden as to any retro adjustment PRIOR to filing date. After the filing, it is up to the judge.

Could you help settle this?

Thanks
Ref

>On another board, a poster told me that in Florida it is
>forbidden to get retroactive on downward mods. I thought it
>was only forbidden as to any retro adjustment PRIOR to filing
>date. After the filing, it is up to the judge.
>
>Could you help settle this?

Federal law only prohibits retroactive mods (up or down) prior to date of motion or OSC to modify. The amount of mod awarded thereafter, whether up or down is within the discretion of the court, or controlled by State statutes.

If there is a FL law that prohibits any downward modification during the pendancy of a motion to modify, then that would forbid it, as the poster suggests. I don't know specific FL law on the issue, so I can't say, but there are absolutely states that have enacted such un-evenhanded legislation (i.e., retroactive upward mod during pendancy of support action, but not downward mod).

All in the name of the innocent children...but really all in the name of maximizing federal matching dollars for support collection.

What happened to due process, fairness, substantial justice, etc., you ask?

Welcome to the People's Socialist Republic of the United States of America.

Want to change things? Vote against every incumbant legislator on every issue unless they restore fairness to the family law system. That's about all you can do.