If child support was calculated incorrectly, can the difference be collected retroactive to the date of the miscalculation?

Question

If child support was calculated incorrectly, can the difference be collected retroactive to the date of the miscalculation?

Anonymous Apr 16, 2011 3 views 3 answers

My husbands attorney did all of the paperwork showing the amount of child support I was to receive after our divorce. The worksheet was never filed with the Courthouse and I was never given a copy. I recently discovered that he used an inaccurate income amount for my husband and that the support payments should have been considerably higher (roughly 500.00 per month). If I go back into Court to have this corrected, will I also be able to collect the shortage from months that have already passed?

Ronald Pichlik · Accepted Answer · 2026-06-15T10:34:45+00:00

Probably not, unless you can price fraud. Which, will be very difficult if you were represented by counsel. You can try to back to court by way if a motion to correct the amount of support.

Gregory Thomas BuckleyDivorce / Separation LawyerGainesville, FL · Accepted Answer · 2026-06-15T10:34:45+00:00

I believe that it is possible that you may be able to recover those amounts if you can prove to the court how incorrect calculations were made at that time. The court wants to protect the best interests of the child, and for the child to have received that much less child support every month would be seen as an injustice to the child.

Joanna Mitchell · Accepted Answer · 2026-06-15T10:34:45+00:00

If he lied on his financial affidavit and misstated his income, then it is possible to file a motion to set aside that portion of the order, which would be retroactive to the date of the fraudulent financial affidavit. Otherwise, you can always file a motion to modify based on the "substantial change". Much would depend on the language of the order and if you filed a motion, it wouldn't be retroactive, in most instances. My office offers free initial telephone consultations if you would like to discuss this matter in more detail, as well as explore the potential rights and options available. We could also run "rough" guideline numbes, just to make sure your calculation is correct and that it is that substantial of a difference. If you would like to coordinate a free initial telephone consultation, please contact my office at 407-971-6140 or 352-324-2444 to schedule same. Please note that THESE COMMENTS ARE NOT INTENDED AS LEGAL ADVICE and are for informational purposes only. This response is not intended to create any attorney-client relationship and is only based on the limited facts given. The response might change should additional facts be learned and should not be relied on as legal advice. It is recommended that you consult with an attorney who can properly assess the situation, as well as all pertinent facts, prior to taking any action based on the foregoing statements. Joanna Mitchell, Esquire Mitchell & Associates, P.A. 614 E Hwy 50, Suite 327 Clermont, Florida 34711-3164 PH: (352) 324-2444 or (407) 971-6140 FX: (352) 324-2229 Email: [email protected] Web: www.mitchell-pa.com

If child support was calculated incorrectly, can the difference be collected retroactive to the date of the miscalculation?

Attorney Answers

Browse by Practice Area

Browse by State