Enforcing Child Support in Florida

A separation between parents can be heartbreaking on an emotional level, but it will also create other hardships in the life of a family. Financially, it can be difficult to lose an income when raising a child, especially if one parent will be responsible for most of the care of the child. Therefore, we have measures in place to ensure that children who are involved in a divorce or parental separation are eligible to receive financial resources.

In the state of Florida, all children under the age of 18 have the right to receive ongoing financial support from both parents. Many times this is in the form of child support from one parent to the parent who has primary custody of the child. It’s important to note that you don’t have to be married to be required to pay child support to the other parent. If paternity is established, child support can be required.

Enforcement of Child Support

Child support is determined based on the income of both parents in the state of Florida. If the parent who is required to pay child support fails to pay, there can be severe consequences. In the state of Florida, you can be considered in contempt of court for failing to pay court-mandated child support.

In order for one parent to report a failure to pay, he or she should contact the local child support office through the Department of Revenue and report the failure to pay by the other parent. A case for hearing will be filed, and a hearing officer will hear the case. The hearing officer is not a judge but can offer recommendations to a judge based on the evidence in the case. If the hearing officer deems that the neglectful parent has the means to pay the child support but willfully failed to pay, the Department of Revenue can file a “motion for contempt.”

Moving Out of State

A parent who moves out of the original state where the child support was ordered is still obligated to pay, and it is still possible to enforce the child support order in the new state. There is a Federal law called the “Uniform Interstate Family Support Act” that has been adopted in all 50 states to protect the child support orders of other states. If a parent moves to another state, that state cannot change the child support order of the previous state if the other parent or child still resides in the original state.

Penalties of Failure to Pay Child Support

If you are found in contempt of court for failing to pay child support, these are some of the penalties you may receive.

  • Suspension of Driver’s License or vehicle registration
  • Suspension of business
  • Fine
  • Bank accounts may be seized
  • Income tax return may be seized
  • Passport denial
  • Jail or prison time

Any time there are issues arising with child support, you should contact a qualified family law attorney who has specialized knowledge and experience related to child support cases. The well-being and financial resources of your children should always be most important, and a family law attorney can help you determine the best course of action.

References:

Child Support Enforcement in Florida. (n.d.). Retrieved from https://statelaws.findlaw.com/florida-law/child-support-enforcement-in-florida.html

 

Child Support. (n.d.). Retrieved from http://www.miamisao.com/services/child-support/

 

Wolf, J. (n.d.). Here’s How to File for Child Support in Florida. Retrieved from https://www.thebalance.com/how-to-file-for-child-support-in-florida-2998005

 

Vohwinkle, J. (n.d.). What Single Parents Should Know About Child Support. Retrieved from https://www.thebalance.com/how-to-collect-child-support-1289811

 

 

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About The Spatz Law Firm Blog

Russell A. Spatz, Esq. has been practicing as a Criminal Defense Lawyer in Miami Dade County for over 35 years. Having served as an Assistant State Attorney and Division Chief to two State Attorneys, Richard E. Gerstein, (1975) and Janet Reno, (1978), Russell A. Spatz, understands the complexities that are involved in defending a criminal case, and how to put his knowledge and experience to work for his clients as their criminal defense lawyer in Miami. Connect with Russell on Google.

Posted on June 19, 2018, in Family Law and tagged . Bookmark the permalink. Leave a comment.

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