Child Support Enforcement in Florida
By Christie Nicholson, J.D. | Legally reviewed by FindLaw Staff | Last reviewed November 22, 2024
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Florida takes the enforcement of child support seriously. If a non-custodial parent refuses (or is unable) to pay their child support obligations, their children suffer. The family court judges' primary concern is the best interests of the child. This is why they offer a bevy of child support services to parents who are having a hard time getting their ex to pay support under a court order.
Here, we'll explain how Florida's child support enforcement laws work. We'll describe the steps you can take to force your child's other parent to pay their child support. We will also discuss the consequences of failing to pay child support in Florida.
What Are the Consequences of Failing to Pay Child Support in Florida?
Failure to pay child support can have dire consequences. If a parent can pay child support and refuses, the judge may find them in contempt of court. This is a severe offense and may involve jail time and fines.
Failure to pay child support can also negatively affect a person's credit score and result in property liens. Depending on how much child support you owe, the Florida Department of Revenue can take extreme measures to recover monies under a child support order.
Some of the consequences of failing to pay child support include:
- Suspension of driver's license
- Withholding of income
- Liens and seizure of assets
- Jail time
- Fines
- Passport cancellation
You may also face criminal charges depending on the amount of child support you owe.
Can I Go to Jail for Unpaid Child Support in Florida?
If you fail to pay child support in Florida, you may face criminal charges, resulting in possible jail time, fines, probation, and other penalties.
Specifically, according to Florida Statute §827.06, anybody four months late on child support who owes at least $2,500 may face first-degree misdemeanor charges. A conviction will result in up to one year in jail, fines of up to $1,000, and other penalties such as community service or counseling.
Any parent who fails to pay child support for a year or longer and owes $5,000 or more may be guilty of a third-degree felony. This charge carries a penalty of up to five years in jail, fines of up to $5,000, and five years of probation.
What if I Can't Afford Child Support?
The Florida courts determine child support using the state's child support guidelines. These guidelines consider the parents' income, the number of children, and other factors. The courts believe the non-custodial parent should be able to afford the money in the child support order.
If the non-custodial parent's circumstances substantially change, they can request a child support modification. Under Florida law, a person can request a child support modification any time. The court will accept their petition if they can show they've experienced a substantial change in circumstances.
If you want to do this, reach out to your local clerk of court and file a Supplemental Petition to Modify Child Support with the clerk's office. You must include proof of your change in circumstances with your petition. You must also serve a copy of the petition to the child's other parent and include your financial information.
The court will not modify your arrears. You must deal with the State of Florida Disbursement Unit (SDU) to arrange for payment of any delinquencies.
Taking Action for Unpaid Child Support
If you need to take action against your child's other parent for failure to pay child support, you can do so through the Florida Department of Revenue. They'll assign you a case number and make all efforts to get the non-custodial parent (NCP) to pay their arrears.
If this doesn't work, they can arrange for a hearing. A Child Support Hearing Officer will oversee your case and determine how best to enforce your child support order.
Hearing officers are not judges. But they can recommend how to rule on the child support case to the judge.
Child Support from Out-of-State Parents
If one of the parents has moved out of state, enforcing a child support order is still possible. This is due to the federal Uniform Interstate Family Support Act.
Under this law, if a parent moves out of the state where a judge first enters a child support order, no other state can change that order as long as one party to the order still lives in the state.
Florida's Child Support Enforcement Laws at a Glance
The chart below summarizes Florida's child support enforcement law.
| Statute | Florida Civil Practice and Procedure 61.30 |
|---|---|
| Agencies | |
| Penalties | If a parent willfully fails to pay child support, they face the following penalties:
If a hearing officer finds the person willfully failed to pay child support, they’ll send their recommendation to the circuit court judge with an order for the judge to sign. From there, the parties will have a chance to challenge the officer’s recommendation. Otherwise, the judge will sign the order and apply the appropriate punishment, if any. |
Note: State laws are subject to change through new legislation, higher court rulings, and other means. While we strive to provide the most current information, consult a family law attorney or conduct legal research to verify your state laws.
Need Help Getting Child Support? Contact a Florida Attorney
Florida's child support laws can be complex. If your ex is not paying their child support payments or you have other child support issues, contact an experienced Florida family law attorney today. Your lawyer can help ensure your child's other parent pays their child support obligations.
More Resources
If you have more questions about Florida's child support laws, click on the following links:
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