What Happens When Child Support Goes Unpaid in Florida

Child support is a legal obligation, and Florida takes enforcement seriously. When a parent falls behind on payments, there are multiple avenues available to hold them accountable. Understanding the consequences of unpaid child support can help both paying and receiving parents know what to expect if payments are missed.

Enforcement Actions Through the Court

When a parent misses a child support payment, the other parent has the right to take legal action. One option is to file a motion for enforcement with the court. This motion asks the court to compel the delinquent parent to pay what they owe. If the court finds that the parent has the ability to pay and has failed to do so, it can order them to make the payment immediately.

Another option is a motion for contempt. Contempt occurs when a parent willfully disobeys a court order. If a parent has been ordered to pay child support and has intentionally failed to comply, they can be held in contempt of court. A finding of contempt can result in serious consequences, including fines and jail time.

The key factor in contempt proceedings is whether the failure to pay was willful. If a parent genuinely cannot afford to pay due to job loss or other circumstances beyond their control, the court may not find them in contempt. However, if the court determines that the parent had the ability to pay and simply chose not to, the consequences can be severe.

Consequences of Willful Noncompliance

Parents who are found to have willfully failed to pay child support can face a range of penalties. One common consequence is the suspension of their driver’s license. Losing the ability to drive can make it difficult to get to work, which can create a cycle of financial difficulty. However, the legislature has determined that license suspension is an effective tool for encouraging compliance.

In addition to license suspension, delinquent parents can have their wages garnished. Wage garnishment means that a portion of the parent’s paycheck is automatically withheld and sent directly to the other parent to cover child support. This ensures that payments are made even if the parent is unwilling to pay voluntarily.

Tax refunds can also be intercepted to cover unpaid child support. If a parent is owed a refund from the state or federal government, that money can be redirected to pay off their child support debt. This is another tool that makes it difficult for delinquent parents to avoid their obligations.

In the most serious cases, a parent who refuses to pay child support can be sent to jail. Courts can impose jail time with a purge amount, meaning the parent can be released once they pay a specified sum. This is considered a last resort, but it is a real possibility for parents who persistently refuse to meet their obligations.

The Role of the Department of Revenue

In Florida, the Department of Revenue, commonly referred to as DOR, plays a significant role in child support enforcement. The DOR has resources and authority that individual parents may not have, making it a powerful ally for parents who are owed support.

The DOR can take many of the same actions described above, including suspending driver’s licenses, garnishing wages, and intercepting tax refunds. They can also take additional steps to locate delinquent parents and their assets. If a parent is hiding income or trying to avoid payment, the DOR has investigative tools to uncover the truth.

One of the advantages of working with the DOR is that they handle much of the enforcement process on behalf of the custodial parent. This can reduce the burden on parents who are already struggling to make ends meet while waiting for support payments that never arrive.

The DOR can also ask the court to impose jail time on a delinquent parent. While this is not the first step in the enforcement process, it is available when other methods have failed. The goal is always to get the parent to pay, and the threat of jail can be a powerful motivator.

Protecting Your Rights

Whether you are owed child support or facing an enforcement action, it is important to understand your rights and options. Parents who are struggling to pay should address the issue proactively rather than ignoring it. Filing for a modification based on changed circumstances is a better approach than simply stopping payments and hoping for the best.

Parents who are owed support should know that they have options. Filing a motion for enforcement or working with the Department of Revenue can help ensure that you receive the support your children are entitled to. You do not have to accept missed payments as a fact of life.

Contact Johnson Ritchey Family Law Firm

If you are dealing with a child support enforcement issue in Boca Raton or anywhere in Florida, Johnson Ritchey Family Law Firm can help. We assist parents on both sides of enforcement actions, whether you need to collect unpaid support or respond to an enforcement motion. Our team understands how the process works and can guide you through every step.