Ensuring financial support for children is a critical responsibility of both parents. However, enforcing child support in Florida can present challenges, from non-payment issues to navigating legal processes. Understanding how child support enforcement works, what happens when payments are missed, and the legal consequences of non-compliance is essential for all parents involved.
At Golden Key Law, PLLC, we are committed to assisting Florida families with child support matters. This guide provides a comprehensive overview of child support enforcement in Florida and what parents should know.
Table of Contents
Understanding Child Support Enforcement in Florida
How Is Child Support Enforced?
When a parent fails to pay court-ordered child support, the Florida Department of Revenue (DOR) takes enforcement actions. These include:
- Income Withholding Orders: Employers deduct child support from the paying parent’s paycheck and send it to the DOR for distribution to the custodial parent.
- Intercepting State Payments: Tax refunds, lottery winnings, and other state-issued payments can be seized to cover unpaid child support.
- Suspending Licenses: Driver’s licenses and professional licenses can be suspended for delinquent payments.
- Liens and Judgments: A judgment can be placed against a non-paying parent’s property, including cars and boats.
For self-employed parents or those with irregular income, payments must be sent directly to the DOR.
When Is Child Support Considered Late in Florida?
In Florida, child support is considered late the day after it is due. Missing payments can lead to serious consequences, such as:
- License suspension (driver’s and professional)
- Tax refund and bank account seizures
- Potential jail time for severe non-payment
These measures are in place to ensure that children receive the financial support they need for essentials like food, housing, and education.
What Happens if Child Support Isn’t Paid?
If child support is 15 days late, the court may issue a Notice of Delinquency. If payments are not made within 20 days, a judgment is entered, creating a lien against the non-paying parent’s property. The court may also take steps to suspend the parent’s driver’s license. There are many intricacies regarding child support to consider concerning non-payment. Here are some common consequences.
Persistent non-payment can result in:
- Seizure of Unemployment Benefits
- Denial of passport applications
- Warrants for arrest in extreme cases
How Far Behind in Child Support Before Jail in Florida
In Florida, jail time is a last resort for child support enforcement. A parent may face incarceration if they are at least 15 days late and owe more than $2,500 in back child support. However, before issuing a warrant, a judge must determine that the parent has the ability to pay but willfully refuses to pay.
Courts may also explore alternative penalties, such as:
- Community service
- Wage garnishment
- Mandatory job training programs
The goal is not to punish but to ensure that children receive the financial support they need.
How Much Back Child Support Is a Felony in Florida?
In Florida, failing to pay $2,500 or more in back child support, along with four months of missed payments, can result in felony charges. A felony may also apply if the parent has a prior conviction for non-payment or leaves the state to avoid paying.
Penalties include warrants, fines, jail time, suspended licenses, and long-term impacts like damaged credit and job loss. If financial circumstances change—due to job loss, injury, or illness—a parent can request a modification of the support order.
Legal guidance is strongly recommended for both paying and receiving parents.
When Does Child Support End in Florida?
Florida law generally requires child support payments until a child turns 18. However, payments may continue until 19 if the child has not yet graduated from high school.
Exceptions include:
- Early graduation: Payments end upon graduation.
- Special needs children: Child support may extend beyond age 19 if the child has disabilities requiring continued care.
Understanding these rules ensures that both parents are aware of their obligations and rights.
What If You Can’t Afford Child Support?
If you are struggling to make child support payments, take proactive steps to avoid legal consequences:
- Communicate with the Florida DOR – Inform them of your situation immediately.
- Request a modification – If your financial situation has changed significantly (job loss, illness), you may qualify for a child support adjustment.
- Provide documentation – Submit proof of financial hardship, such as pay stubs or medical bills.
- Explore payment plans – The DOR may work with you to set up a manageable payment arrangement.
Ignoring child support obligations can lead to severe penalties. Seeking legal assistance can help protect your rights while ensuring compliance with the law.
Golden Key Law – Your Partner in Child Support Enforcement
At Golden Key Law, PLLC, we advocate for parents navigating child support enforcement in Pinellas County and beyond. Whether you need help enforcing payments, modifying a support order, or addressing non-compliance, our experienced family law attorneys are here to guide you.
Contact us today to schedule a consultation. Let’s ensure your child support case is handled efficiently and fairly.
