Child support is one of the most vital components of a divorce involving children, but when one parent is in the military and deployed overseas or to another duty station, enforcing and calculating support can become more complicated. Separation due to military deployment often leads to informal agreements, gaps in formal support orders, or reliance on military allotments instead of court-ordered payments. If you were separated during your spouse’s deployment and did not receive court-ordered support during that time, you may be wondering: Are you entitled to retroactive child support for the deployment period?
Florida law allows for the award of retroactive child support, including in military divorces. However, the rules surrounding entitlement, enforcement, and calculation of retroactive support during deployment require careful analysis of military pay structures, custody history, and statutory guidelines. A knowledgeable Tampa military divorce lawyercan help ensure your rights are protected and that the proper amount of support is calculated, even for months or years that passed before the court officially issued an order.
This article explains when and how retroactive child support can be awarded in Florida divorce cases involving military parents who have been separated due to deployment.
What Is Retroactive Child Support in Florida?
Retroactive child support is the amount that one parent may owe for the time period before a court officially entered a child support order. Florida Statute § 61.30(17) authorizes the court to order retroactive child support for up to 24 months prior to the filing of the petition for support.
Key points:
- Retroactive support can be ordered even if no temporary order existed,
- The court considers the child’s needs and each parent’s ability to pay,
- The amount is calculated based on actual income during the retroactive period.
Deployment does not automatically prevent or excuse the obligation to pay child support. If the parents were separated during the deployment and the non-military parent was primarily supporting the child, retroactive support may be owed. A Tampa military divorce lawyer can evaluate the full timeline and secure the support you may be entitled to recover.
How Deployment Affects Separation and Child Support
Deployment creates physical separation between co-parents, but unless a parenting plan or support order is already in place, it often leaves a legal void. During deployment, the service member may:
- Send money voluntarily via allotments or transfers,
- Provide housing on base or through BAH,
- Contribute inconsistently or rely on informal arrangements.
Florida courts do not require that support be court-ordered to consider retroactive relief. If the parents were living separately, and the military parent was not contributing sufficiently to the child’s needs, the custodial parent can petition for retroactive support—even if the other parent was deployed.
A Tampa military divorce lawyer can help gather documentation of expenses and establish that the custodial parent was shouldering the full financial burden during the separation.
Can You Seek Retroactive Support for the Entire Deployment?
Yes, but with limitations. Florida courts typically award retroactive support dating back up to two years from the date of filing the petition for support. If the deployment occurred within that window, the court may consider the entire deployment period for retroactive support.
However, the court will also consider:
- Whether the deployed parent contributed voluntarily,
- The amount and consistency of any voluntary payments,
- Whether both parents agreed informally on financial arrangements,
- The actual needs of the child during the relevant time.
In some cases, Florida courts may reduce or offset retroactive support if the paying parent can demonstrate substantial voluntary contributions. A Tampa military divorce lawyer will help analyze these payments and present evidence to ensure that only proper credits are applied.
How Is Retroactive Support Calculated During Deployment?
Retroactive support is calculated using the Florida Child Support Guidelines. Even if the deployment occurred years ago, the court will calculate the amount based on:
- The military parent’s actual income during the deployment,
- The number of overnights each parent had with the child (if any),
- The child’s needs during that period.
Income during deployment includes:
- Base pay,
- BAH (Basic Allowance for Housing),
- BAS (Basic Allowance for Subsistence),
- Hazard pay, imminent danger pay, family separation allowance,
- Any non-taxable income or allowances.
Military LES (Leave and Earnings Statement) records are essential to establish accurate income for the retroactive period. A Tampa military divorce lawyer can subpoena or obtain these records through discovery and use them to support your claim for unpaid support.
When Is Retroactive Support Not Awarded?
The court has discretion to deny or reduce retroactive support in specific cases. This may occur if:
- The military parent can prove substantial voluntary support during the period in question,
- The parties agreed (informally or in writing) that no support would be paid during deployment,
- The custodial parent delayed filing the petition without a valid reason,
- The parties reconciled temporarily after the deployment.
Even when the court finds retroactive support is owed, it may reduce the arrears to account for informal contributions, gifts, or payment of other expenses.
A Tampa military divorce lawyer can defend against inflated retroactive claims by showing that support was already provided in a meaningful and consistent way.
What If the Deployment Ended Before You Filed?
Even if the deployment period has ended, you can still seek retroactive support for the time the parents were living apart—so long as you file within the 24-month window allowed by statute.
Example:
- A service member deploys in January 2022 and returns in December 2022.
- The custodial parent files for divorce or support in October 2023.
- The court can award retroactive support back to October 2021—covering the entire deployment.
If you delay filing for support too long, you may forfeit your right to claim back support. That’s why it’s important to consult a Tampa military divorce lawyer as soon as you experience separation or financial hardship during deployment.
Temporary Support While Awaiting Final Judgment
In addition to retroactive support, you can request temporary child support while the divorce is pending. Florida courts allow for temporary relief to be awarded at any time after the petition is filed.
If a military parent is deployed and the other parent is caring for the child full-time, temporary support may be critical to maintaining stability.
Temporary orders can also serve as a foundation for later retroactive awards. The court may:
- Establish a temporary support obligation based on current income,
- Award retroactive support from the date of separation or filing,
- Combine the two into a final arrearage amount in the final judgment.
A Tampa military divorce lawyer will help you file a motion for temporary support and secure the relief you need during the waiting period.
Enforcing Retroactive Support Awards
Once retroactive child support is awarded, it becomes a legal judgment. Florida courts enforce support arrears just like any other debt. The payee may:
- Seek income withholding orders,
- Request garnishment from DFAS if the obligor is still active-duty,
- File contempt motions if the parent fails to pay,
- Request seizure of tax refunds or license suspension.
When the paying parent is in the military, DFAS will process income withholding directly from the service member’s pay, provided the order complies with federal regulations. A Tampa military divorce lawyer will ensure the final judgment and income deduction order meet all legal requirements.
Protecting Yourself If You Are the Military Parent
If you are the service member and expect that retroactive support may be requested, protect yourself by:
- Keeping detailed records of any money transferred to the other parent during deployment,
- Retaining receipts for expenses paid directly for the child (tuition, medical bills, clothing),
- Communicating with the other parent in writing about financial arrangements,
- Making voluntary payments through traceable methods (bank transfer, allotment).
These records can be used to reduce or eliminate retroactive support if they demonstrate meaningful contributions. A Tampa military divorce lawyer can help you assemble this documentation and present your case in a favorable light.
Impact of BAH and Special Pays on Retroactive Calculations
Many military parents underestimate how much their non-taxable income can affect child support. For retroactive support purposes, courts consider gross income, not taxable income.
During deployment, a service member may receive:
- BAH (based on location and dependent status),
- BAS (Basic Allowance for Subsistence),
- Hardship duty pay,
- Hostile fire or imminent danger pay,
- Family separation allowance.
All of this is counted as income under Florida guidelines and can dramatically increase the calculated amount of retroactive support owed. A Tampa military divorce lawyer will work with LES statements and financial affidavits to ensure that no income is omitted or inflated.
When Support Is Ordered by a Military Branch Instead of a Court
In some cases, the military enforces interim family support through internal command authority. Each branch has its own support guidelines, such as:
- Army Regulation 608-99,
- Navy and Marine Corps Support Orders,
- Air Force Instruction 36-2906.
These orders are not substitutes for a court order. However, they may be credited against retroactive support if the military member can show that they were making required payments in accordance with service regulations.
A Tampa military divorce lawyer can request that these contributions be factored into the retroactive calculation, potentially reducing or eliminating arrears.
Can Retroactive Support Be Modified Later?
Retroactive support is based on the facts and income at the time it was owed. It is not modifiable after the fact. However, ongoing support obligations can be modified based on:
- Changes in income,
- Reassignment or retirement,
- New parenting plans or time-sharing adjustments.
If you believe the retroactive support was calculated incorrectly, you must challenge it before the judgment becomes final. Once it’s final, only appeals or motions for relief from judgment based on fraud or error are available—and these are rare exceptions.
A Tampa military divorce lawyer can file appropriate objections or motions to correct errors before the final judgment is entered.
Strategic Considerations for Pursuing Retroactive Support
Before seeking retroactive support, it’s important to weigh the legal and emotional impact:
- Is the service member currently deployed and unavailable to respond?
- Has voluntary support been generous and well-documented?
- Will pursuing arrears trigger additional litigation or financial stress?
- Would a settlement be more efficient?
Courts expect both parents to act in good faith. While retroactive support is a legal right, a well-crafted settlement may resolve the issue faster and with less conflict.
A Tampa military divorce lawyer will assess the full picture and recommend a strategy that aligns with your financial goals and parenting priorities.
FAQ: Retroactive Child Support During Deployment Separation
Q: Can I get retroactive child support if we were separated but never divorced?
A: Yes. Florida courts can award support for the time you were separated—even if no legal action had been filed yet.
Q: How far back can retroactive support go?
A: Up to 24 months prior to the date the petition is filed.
Q: What if my spouse sent me money during deployment?
A: Those payments may reduce the amount of retroactive support owed but must be documented clearly.
Q: Do I need a court order to claim retroactive support?
A: Yes. The court must issue a judgment calculating and awarding the arrears.
Q: Can the court consider BAH and hazard pay in the support amount?
A: Yes. These are considered part of the service member’s gross income.
Q: What if my spouse paid expenses like rent or car payments?
A: These payments may be credited if they benefitted the child or replaced direct support.
Q: I filed for support but didn’t request retroactive arrears. Can I go back and ask now?
A: Possibly, but only before the final judgment is entered. After that, it may be too late.
Q: What if my spouse never told me they were deployed and stopped sending money?
A: You may still be entitled to retroactive support. A Tampa military divorce lawyer can help prove financial need and lack of voluntary support.
Q: Will the military garnish their pay to satisfy arrears?
A: Yes, if a valid court order is submitted to DFAS, they will enforce it through wage garnishment.
Q: Should I wait to file until the service member returns?
A: No. Filing sooner protects your rights and allows the court to consider up to 24 months of support.
The McKinney Law Group: Divorce Representation Tailored for Tampa’s Military Community
Military divorce isn’t one-size-fits-all. At The McKinney Law Group, we tailor each strategy to reflect the service demands, benefits, and lifestyle unique to military families. Whether you’re stationed in Florida or transitioning out of service, we’re here to help.
We guide you through:
✔ Equitable distribution of military pensions and TSP accounts
✔ Custody and relocation issues impacted by deployments and PCS
✔ Legal protections under federal statutes like the SCRA
✔ Multi-state jurisdictional coordination for filing and enforcement
✔ Planning your next steps with legal clarity and confidence
Call 813-428-3400 or email [email protected] to get started.