April 16, 2025
GrayRobinson Boca Raton Deputy Managing Shareholder Stacey Mullins achieved a landmark victory, in the Fourth District Court of Appeal, securing a reversal on behalf of a mother seeking retroactive child support for her now emancipated child. In the pivotal case, Morrell v. Alsentzer, the court addressed a crucial legal question: whether a parent can still pursue retroactive support once a child turns 18. The trial court had initially dismissed the mother’s petition, ruling that she lacked standing under Florida law. This groundbreaking ruling not only overturned the lower court’s decision, but also set a precedent for future child support cases, reinforcing the rights of parents to seek retroactive support regardless of a child’s age.
On appeal, Stacey argued that under Section 61.30(17), Florida Statutes, the mother was entitled to request retroactive child support for up to 24 months before filing her petition and support through the date of the child’s emancipation. The appellate court agreed, stating that the statute's plain language allows such claims and that the mother’s petition represented an initial child support determination, even without a prior support order. The court emphasized that retroactive support aligns with important public policy and clarified that standing is not lost simply because the child has reached the age of majority. This groundbreaking decision overturns the lower court’s dismissal and remands the case for further proceedings, allowing the mother to pursue the support she may be entitled to.