State of Florida, Department of Revenue, Child Support Program v. Fucien
A hearing officer credited a disabled obligor's child support arrears with roughly $40,817 in hypothetical Social Security derivative benefits the child would have received had the custodial parent applied in 2017, even though the child actually received only five months of benefits. The Third District reversed, holding modification may only be retroactive to the date the modification petition was filed and that credit is available only for derivative benefits actually paid to the child or caregiver.
Key facts
- State of Florida Department of Revenue Child Support Program sought to enforce child support obligations against a disabled obligor who had accrued arrears.
- A hearing officer credited the obligor with approximately $40,817 in hypothetical Social Security derivative benefits the child could have received if the custodial parent had applied in 2017, despite the child actually receiving only five months of benefits (April-August 2023).
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Why it matters
The opinion squarely rejects 'hypothetical' retroactive credits against child support arrears based on derivative Social Security benefits that were never applied for, and confirms that the custodial parent bears no… — full analysis with a trial
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