When you check your account and see that this month’s child support payment never arrived, it creates real stress. You may have tried calling or texting the other parent, but you’re still left wondering how to pay for daycare or buy school supplies your child needs.
Florida law gives custodial parents several ways to collect past due child support, known legally as arrearages. Whether you’re missing a few payments or dealing with years of unpaid support, the state has enforcement tools to help ensure children receive the financial support they deserve.
How Does Child Support Work in Florida?
Child support in Florida follows Florida Statute 61.30, which sets up the state’s support guidelines. These guidelines determine support amounts based on both parents’ incomes, number of children, and other costs like healthcare and childcare.
When a court issues a child support order, it becomes legally required. The paying parent (called the obligor) must make payments exactly as the order specifies, usually monthly. The receiving parent (called the obligee) has the right to collect these payments and pursue legal action when payments are missed.
Florida uses an “income shares” model, which means both parents contribute based on their income levels. This approach recognizes that children should receive the same level of financial support they would have received if their parents stayed together.
What Counts as Past Due Child Support?
Past due child support, legally called “arrearages,” includes any unpaid support that was required under a court order. This covers
- Monthly support payments that weren’t made on time or in full. In Florida, payments that are 15 days late can trigger enforcement actions.
- Medical expenses that were ordered separately, such as costs not covered by insurance, dental work, or prescription medications.
- Childcare costs that were supposed to be shared between parents, especially those related to work or school.
- Interest and penalties that build up on unpaid support. Florida law allows interest charges on overdue payments.
Past due support doesn’t go away when a child becomes an adult. Even after your child turns 18 (or 19 if still in high school), any unpaid support remains a debt that must be paid.
How to Collect Past Due Support
Gather Your Documentation
Before taking enforcement action, collect all important documents. You’ll need your original child support order, any changes to that order, payment records showing what has and hasn’t been paid, and documentation of attempts to collect payment directly.
Keep detailed records of missed payments, including dates, amounts, and any conversations with the other parent about missed payments. This documentation becomes crucial if you need formal enforcement.
Contact the Florida Department of Revenue
Florida’s Department of Revenue runs the state’s child support enforcement program. If your case is already in their Title IV-D program, they can start enforcement actions automatically. If not, you can apply to have them handle enforcement.
The Department offers services like finding parents who have moved, income withholding orders, and various enforcement tools. These services are available whether or not you receive public assistance.
File a Motion for Contempt
When informal collection efforts don’t work, you can file a motion for contempt of court. This legal action asks the court to find the non-paying parent in contempt for violating the child support order.
To file for contempt, you must prove that
- A valid child support order exists
- The other parent had the ability to pay
- The other parent deliberately failed to make payments
If the court finds the other parent in contempt, consequences can include wage garnishment, property seizure, license suspension, or jail time.
Request Income Withholding
Income withholding is one of the most effective collection methods. Florida law requires employers to withhold child support from an employee’s wages when they receive a proper withholding order. This happens automatically for new child support orders and can be added to existing orders when needed.
Income withholding can take up to 50% of disposable earnings for child support, or up to 60% if the paying parent isn’t supporting another family. Employers must begin withholding within 10 days of receiving the order.
Florida’s Enforcement Tools: What Options Are Available?
Wage Garnishment and Income Withholding
Wage garnishment is often the first step against unpaid child support. Florida law allows immediate wage garnishment without additional court hearings in many cases. Garnishment continues until all past due amounts are paid.
Income withholding orders can be sent to any employer, including new employers when the paying parent changes jobs. The Florida Department of Revenue maintains systems to track employment and can quickly put withholding orders in place.
Bank Account Levy
When wages aren’t enough or available, Florida law allows seizure of bank accounts to satisfy child support debts. This includes checking accounts, savings accounts, and other financial assets. The Department of Revenue can identify bank accounts through databases and issue levy orders.
Bank levies work well because they provide immediate access to funds. However, some funds may be protected from levy, including certain social security benefits and other protected income.
Property Liens
Unpaid child support automatically becomes a lien against any real property owned by the non-paying parent in Florida. This means they cannot sell or refinance their property without first paying the past due support.
The lien applies to current property and any property the parent gets in the future. This includes homes, rental properties, land, and other real estate.
License Suspension
Florida law allows suspension of various licenses when child support is past due.
- Driver’s licenses – This has a major impact since it affects the parent’s ability to get to work and handle daily activities.
- Professional licenses – Including licenses for doctors, lawyers, real estate agents, contractors, and other professions.
- Recreational licenses – Such as hunting and fishing licenses.
- Vehicle registration – Making it illegal to drive the vehicle even with other transportation.
License suspension can strongly motivate payment since it directly impacts the parent’s ability to work and maintain their lifestyle.
Asset Seizure
Florida law allows seizure of various assets to satisfy child support debts.
- Vehicles – Cars, trucks, motorcycles, boats, and other vehicles can be seized and sold to pay arrearages.
- Personal property – Valuable items such as jewelry, electronics, and other assets may be subject to seizure.
- Business assets – For self-employed parents, business equipment and accounts may be seized.
- Investment accounts – Stocks, bonds, and other investment accounts can be accessed to satisfy support obligations.
Tax Refund Interception
Both federal and state tax refunds can be intercepted to pay past due child support. This includes income tax refunds, earned income tax credit payments, and stimulus payments.
Tax refund interception happens automatically through the Department of Revenue for cases in their system. The entire refund can be applied to past due support, with any extra returned to the taxpayer.
Credit Reporting
Unpaid child support can be reported to credit bureaus, hurting the non-paying parent’s credit score. This affects their ability to get loans, credit cards, mortgages, and sometimes employment.
Credit reporting serves as both a consequence and motivation for payment, since good credit is essential for many financial needs.
When to Involve the Court System
While the Department of Revenue handles most enforcement actions, certain situations require court intervention. You should consider court action when the other parent claims inability to pay but you suspect hidden assets or when dealing with self-employed parents who may be underreporting income. Courts can order financial disclosure and investigate claims of financial hardship.
Court involvement is also helpful when you need a structured payment plan for large debts or need to modify support amounts due to changed circumstances. In extreme cases, courts can pursue criminal non-support charges for willful non-payment of child support.
Florida Statute 61.30
Florida Statute 61.30 is the cornerstone of child support law in Florida. This comprehensive statute addresses not only how support amounts are calculated but also enforcement mechanisms and modification procedures.
Key provisions include the child support guidelines schedule, which provides presumptive support amounts based on combined parental income and number of children. The statute also addresses deviation factors that can increase or decrease support amounts, such as extraordinary medical expenses or shared parenting time.
The statute requires automatic income withholding for new support orders and provides for various enforcement tools when payments aren’t made. It also addresses retroactive support, allowing courts to order support for periods before the initial order was entered.
Understanding this statute helps custodial parents know their rights and options when pursuing past due support. The law is designed to prioritize the child’s best interests while providing clear guidelines for determining appropriate support amounts.
Working with Florida’s Child Support Enforcement Agency
The Florida Department of Revenue’s Child Support Program offers comprehensive services to help collect past due support. Their services include:
- Locate services to find non-paying parents who have moved or changed jobs. They have access to databases including employment records, bank accounts, and property records.
- Establishment services to obtain child support orders when none exist. This includes paternity establishment when necessary.
- Enforcement services using all available tools under Florida law. This includes wage garnishment, asset seizure, license suspension, and other enforcement mechanisms.
- Modification services to adjust support orders when circumstances change. This ensures support amounts remain appropriate and enforceable.
- Interstate enforcement when the non-paying parent lives in another state. Florida participates in interstate enforcement programs to pursue support across state lines.
The Department of Revenue can handle most enforcement actions without requiring court appearances by the custodial parent. This makes enforcement more accessible and efficient for families dealing with unpaid support.
Special Considerations for Self-Employed Parents
Collecting support from self-employed parents presents unique challenges. Self-employed individuals often have irregular income, may underreport earnings, or can manipulate their business finances to avoid support obligations.
Florida law addresses these challenges through several methods
- Income imputation allows courts to assign income based on earning capacity rather than reported income. This prevents parents from artificially reducing their income to avoid support obligations.
- Business asset seizure can reach business bank accounts, equipment, and other assets to satisfy support obligations.
- Contempt proceedings can be particularly effective against self-employed parents who have the ability to pay but choose not to comply with support orders.
- Financial disclosure orders can require detailed information about business income, expenses, and assets to determine true earning capacity.
- Ongoing monitoring can track changes in business income and assets to ensure support obligations remain appropriate.
Interstate Child Support Enforcement
When a non-paying parent moves to another state, enforcement becomes more complex but remains possible through interstate cooperation programs. Florida participates in the Uniform Interstate Family Support Act (UIFSA), which provides methods for enforcing support orders across state lines.
Interstate enforcement can include
- Registration of Florida orders in other states, making them enforceable under local laws.
- Wage garnishment in other states using Florida’s child support order.
- Asset seizure in other states where the parent has bank accounts or property.
- License suspension that can affect professional licenses in other states.
- Tax refund interception that works across state lines for both federal and state refunds.
The process may take longer than in-state enforcement, but it remains effective for collecting past due support from parents who have relocated.
Protecting Your Rights During Collection
While pursuing past due child support, it’s important to protect your own rights and interests.
- Document everything including missed payments, enforcement actions taken, and any communications with the other parent or enforcement agencies.
- Keep detailed records of expenses you’ve incurred due to unpaid support, as these may be recoverable in some cases.
- Communicate through proper channels to ensure all interactions are documented and legally appropriate.
- Understand your options so you can make informed decisions about which enforcement methods to pursue.
- Know when to seek help from either the Department of Revenue or a family law attorney when the situation becomes complex.
- Stay informed about changes in the law or new enforcement tools that may become available.
Calculating Interest and Penalties
Florida law allows for interest to be charged on past due child support. Understanding how interest accrues is important for calculating total arrearages:
- Interest rates are typically based on statutory rates that may change periodically.
- Compounding means that interest accrues on both the original unpaid amount and previously accrued interest.
- Payment application determines how payments are applied to principal and interest, affecting future interest calculations.
- Judgment entry can affect how interest is calculated and collected.
Proper calculation of interest and penalties ensures that you collect the full amount owed and that the non-paying parent understands the true cost of non-compliance.
Modification vs. Enforcement
It’s important to distinguish between modifying a support order and enforcing an existing order. Modification involves changing the amount of ongoing support due to changed circumstances, while enforcement involves collecting past due amounts under the existing order.
Sometimes both may be necessary. For example, if a parent’s income has increased significantly, you might seek both modification of future support and enforcement of past due amounts.
Modification typically requires proof of substantial change in circumstances, while enforcement only requires proof that payments weren’t made as ordered.
Key Takeaways
- Past due child support doesn’t disappear when your child reaches adulthood. It remains a debt that must be paid
- Florida law provides multiple enforcement tools including wage garnishment, asset seizure, license suspension, and contempt proceedings
- The Florida Department of Revenue offers complete enforcement services that can handle most collection actions administratively
- Documentation is important. Keep detailed records of missed payments and enforcement actions
- Interstate enforcement is possible when the non-paying parent moves to another state
- Self-employed parents present unique challenges but can be pursued through income imputation and business asset seizure
- Interest and penalties can build up on past due support, increasing the total amount owed
- Contempt proceedings can result in immediate enforcement actions and even jail time for willful non-payment
- Professional legal assistance may be beneficial for complex cases or when substantial debts are involved
Frequently Asked Questions
How long do I have to collect past due child support in Florida?
There is no statute of limitations for collecting past due child support in Florida. The debt continues to exist even after your child reaches adulthood, and you can pursue collection indefinitely.
Can past due child support be discharged in bankruptcy?
No, past due child support is not dischargeable in bankruptcy. It remains a debt that must be paid regardless of the other parent’s financial situation.
What happens if the other parent claims they can’t afford to pay?
The court will examine their actual income, assets, and expenses to determine their ability to pay. If they truly cannot pay the full amount, the court may establish a payment plan, but the debt doesn’t disappear.
Can I collect past due support if I never went to court for child support?
You must have a court order to collect past due support. If you don’t have an order, you’ll need to establish one before pursuing collection, though the court may order retroactive support for up to 24 months.
What if the other parent is paying some support but not the full amount?
Partial payments still result in arrearages for the unpaid portion. You can pursue enforcement for the unpaid amounts while continuing to receive partial payments.
How quickly can enforcement actions take effect?
Some enforcement actions, such as wage garnishment, can take effect within days. Others, like asset seizure or license suspension, may take several weeks depending on the specific circumstances.
Can I pursue collection myself or do I need an attorney?
While you can pursue collection through the Department of Revenue without an attorney, complex cases or substantial arrearages may benefit from professional legal representation.
What happens if the other parent moves out of state?
Florida participates in interstate enforcement programs, so you can still pursue collection even if the other parent relocates. The process may take longer but remains effective.
Can I charge interest on past due support?
Yes, Florida law allows for interest to be charged on past due child support. The rate and method of calculation are determined by state law.
What if my child support order is from another state?
Out-of-state orders can be registered in Florida for enforcement purposes. The Florida Department of Revenue can assist with interstate enforcement actions.
Contact Us
If you’re struggling to collect past due child support, you don’t have to face this challenge alone. The team at Figueroa Law Group, P.A. has extensive experience helping parents collect the support their children deserve.
We can help you understand your options, work through the enforcement process, and pursue the most effective collection strategies for your specific situation. Whether you’re dealing with a few missed payments or years of accumulated debts, we have the knowledge and experience to help you achieve results.
Don’t let unpaid child support continue to impact your family’s financial stability. Contact us today to schedule a consultation and learn how we can help you collect the support your child is owed. Your child’s future depends on the financial support both parents are legally obligated to provide. Let us help you make sure that obligation is met.