Question:

Is there a law for prenatal abandonment in Florida?

Answer:

Under Florida law, in order to increase the amount of support you have to file a petition for modification, and you would be limited to any retroactive support to two years before the date of filing of the petition. However, if you had a parenting plan that gave timesharing to mom and she did not exercise it there is a very narrow exception where the law allows you to argue that you could have increased child support since the date when the other parent stopped taking the time sharing. So, of course it would be important that you take the time to speak with an attorney and make sure that your particular circumstances could meet this factual basis to figure out if it would be worth it. There’s a chance it may not be worth it. In any event, in order to receive any relief, you will need to file before your children’s 18th birthday. Additionally, because one of your children has reached the age of majority you may be unable to recover for that child, but there are some circumstances where it could be analyzed retroactively.

Attorney Erin E. Morse

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