FAQs on Child Support Enforcement in Florida
What Are The FAQ Regarding Child Support Enforcement in Florida?
The non-custodial parent, after a divorce or a separation, is expected to pay money to the parent living with the child to help assist in supporting the child. In some cases, the non-custodial parent fails to support the child, and the custodial parent is forced to ask the courts or state agencies for aid in collecting payments.
I Am A Non-custodial Parent. What Should I Do When I Get Summons And Complaints In Florida?
Should you get a complaint and summons, you should contact a lawyer because you require legal assistance to represent you in court for a fair outcome for both you and your child.
How Do I Enforce Child Support Establishment in Florida?
For you to enforce child support in Florida, you need a child support order signed by a judge and filed with a court clerk’s office. To establish child support, you can file a “Petition for Support” in the circuit court clerk’s office. Child support can be filed:
- Using the form petition for support on your own
- With help from a private lawyer, or
- Through the Florida Department of Revenue’s Child Support Enforcement Program.
After filing the petition for support, the court sets a hearing date. You should Bring evidence of your revenue and your child’s financial requirements to the hearing.
If there’s an agreement on the monthly amount of child support between you and the other parent, and the judge approves, the judge will formalize your agreement by signing the child support order. If there’s no agreement on the amount of child support, the judge will determine the amount of child support and comprise it in the order.
What Are The Laws Put In Place Regarding Child Enforcement Support in Florida?
Florida has strict laws on child support to make sure that non-custodial parents pay child support.
Motion for Civil Contempt
To prove that the non-custodial parent is in contempt of the child support order, you need to prove the following:
- you possess a valid child support order, approved and signed by a judge
- the non-custodial parent hasn’t paid child support as per the order, and
- the non-custodial parent has the ability to pay.
The court will hold that the non-custodial parent can pay; it’s up to them to prove that they can’t pay to avoid being held in contempt.
The judge will then determine whether the non-custodial parent is in contempt at the hearing. The judge will hold the other parent in contempt if he believes that you’ve proven your case and will issue an order outlining when and how the non-custodial parent must pay the overdue support. Other penalties, such as jail time or fines, may also be included by the judge for the delinquent parent.
Court Orders to Collect Child Support
If the non-custodial parent is held in contempt of the child support order, several remedies can be ordered by the judge to assist you in collecting the overdue and future child support. The judge’s order can:
- create a payment plan for the non-custodial parent to follow
- withhold income from a non-custodial parent’s paychecks
- intercept state and federal tax refunds when $500 or more is owed
- intercept lottery winnings of more than $600
- garnish money from financial accounts when more than $600 or 4 months of child support is owed
- place liens and force the sale on vehicles when $600 or more is owed
- place liens on their personal property and order their sale
- Sell and claim a delinquent parent’s unclaimed or abandoned property
- freeze a home equity line for a parent to prevent potential child support money from being spent
- intercept employee’s compensation funds owed to a delinquent parent, and
- imprison a delinquent parent up to a year until overdue child support is paid.
Florida Child Support Enforcement can help enforce child support orders through the following services:
- Financial Institution Data Match program: CSE can check all Florida’s financial records to determine if the delinquent parents have money that could be used to settle child support.
- Revocation of Driving privilege The Department of Motor Vehicles can revoke the delinquent parents’ driver’s licenses and car registrations until payment of overdue support or until when they agree to a payment plan.
- Professional certificate and license suspension: Florida can suspend delinquent parents’ occupational, professional, or recreational licenses until payment of overdue support.
If you or your loved one is in need of child Support enforcement in Florida, call Boca Law Firm for a no-risk and free initial consultation. Call our toll-free line: 855-BOCALAW (262-2529) or Local: 561-395-0000 to get advice about the best path forward based on your unique situation.