State of Florida, Department of Revenue, Child Support Program v. Jean Fucien

Summary

The Third District Court of Appeal of Florida reversed an order granting Jean Fucien a hypothetical credit against child support arrears based on social security disability benefits that the child did not receive. The court held that child support obligations may be modified retroactively only to the date a modification petition is filed, and that credits are available only for dependent benefits actually received by the child or caregiver. The case was remanded for recalculation of the credit and its application to the arrearage in accordance with the child support guidelines.

Holdings

1. A child support obligation may be modified retroactively only to the date the petition or supplemental action for modification is filed, subject to statutory exceptions; the obligation may not be modified for periods preceding the filing.
2. A parent is entitled to a credit against child support obligations only for social security benefits actually paid directly to the child or the child's caregiver because of the parent's disability, not for benefits that could have been obtained but were never received.
3. Fucien was entitled to credit only for the five months of derivative benefits actually received by the child, from April through August 2023, and the credit must be applied to the obligation incurred simultaneously with receipt of those benefits.

Questions Presented

1. Whether child support obligations may be modified retroactively to a date earlier than the filing of a petition for modification.
2. Whether a parent may receive a credit against child support arrears for social security derivative benefits that the child could have received but did not actually receive.
3. Whether the trial court properly calculated and applied the credit for derivative social security disability benefits actually received by the child.

Disposition

reversed_and_remanded