What Happens If You Miss A Child Support Payment In Florida?
Nothing good. Florida law requires that both parents contribute to the financial security of their children. Parents are obligated by law to support their children regardless of whether or not they are still married. If you miss one court-ordered child support payment, the collection process begins. The result includes several unpleasant penalties that we’ll discuss further in this article.
What happens if I miss one child support payment in Florida?
If you miss one court-ordered child support payment in Florida, a notice of delinquency will be issued 15 days later. This notice is an official warning that you have an overdue payment. If you do not catch up on your child support obligations after receiving the notice, the State of Florida will take additional (more aggressive) action against you. After 20 days of non-payment, the state will begin to assess penalties.
Unlike most elements of law, child support arrears do not have a statute of limitations. You cannot “wait out” your child support obligations until the child turns 18. You will always owe that money. Further, it cannot be discharged in bankruptcy. The state can collect child support arrears so long as you still draw breath.
Those who fall behind on their child support payments can expect the state to:
- Garnish their wages
- Seize their bank accounts
- Place liens on real estate you own
- Seize assets from your estate after you die
- Intercept your tax refunds
- Enter a judgment against you that accrues interest
The state can also suspend your driver’s license, vehicle registration, or your license plate for failing to pay child support arrears. It can also revoke a professional license or business license and suspend your passport.
Can non-payment of child support result in a criminal offense?
Yes. Those who continue to fail to pay their child support obligations could face a felony offense in Florida. The court may find you guilty of felony child support delinquency if:
- You owe $2,500 or more in child support arrears
- You are four months or more behind in your child support payments
- You have a prior conviction for non-payment of child support
- You are accused of trying to flee the state to avoid paying child support arrears
If you are convicted of felony child support delinquency, the court could sentence you to jail or prison time. It would first have to find you in contempt of court for child support delinquency. If you are served with a motion for contempt for failing to pay child support, your next call should be to a lawyer.
Talk to an Orlando Child Support Lawyer Today
Greater Orlando Family Law represents the interests of parents who are attempting to collect child support or those in significant arrears. Call our Orlando family lawyers today to schedule an appointment, and we can begin discussing your options right away.
