How to Enforce Child Support in Florida

For parents who do not have custody of their children, child support is an important financial obligation. Child support ensures children are provided for, paying for medical care, education, and the child’s daily expenses. Unfortunately, parents do not always make child support a priority and despite the consequences, they do not pay it. If your former partner has not paid, our Orlando child support lawyer explains how to enforce it below.

Establish Paternity

When parents are not married in Florida, the man is not presumed to be the father of the child. Due to this, establishing paternity is sometimes one of the first steps when enforcing child support. After paternity is established, the biological father will have certain rights and obligations. Establishing paternity can help either parent enforce child support, and give them the right to spend time with their child. The courts and the Florida Department of Revenue (DOR) can help establish paternity.

Open a Case

If paternity has already been established, enforcing child support starts with opening a case with the DOR. You will have to provide them with information such as the non-custodial parent’s full name, Social Security number, and their address, if it is known.

Locate Non Custodial Parents 

People sometimes move to another county, state, or even country after ending a relationship. This can make it difficult to locate them and enforce child support. The DOR can help locate noncustodial parents who have moved, regardless of whether they relocated to avoid paying support or for another reason. When people have moved to another state, the DOR will collaborate with other states using the Uniform Interstate Family Support Act (UIFSA).

Enforcement Actions

After opening a case with the DOR and establishing paternity, the DOR will determine how much child support is owed and will start enforcement actions. These may include intercepting tax refunds, wage garnishments, or other legal actions. The DOR will collect the necessary support using these methods and then direct it to the custodial parent.

Contempt of Court

If a noncustodial parent regularly fails to pay child support, the custodial parent can ask the court to find them in contempt. A judge will review the facts of the case and, if it is determined that the noncustodial parent has continued to not pay, hold them in contempt of court. Being found in contempt can result in many different penalties including high fines, additional financial burdens, and even jail time.

Our Child Support Lawyer in Orlando Can Help with Your Case

Failing to pay child support is a very serious matter in Florida. If your former partner has refused to pay, you do have options. At Anderson & Ferrin, P.A., our Orlando child support lawyer can explain what those are and guide you through the process so you obtain the support your child needs. Call us now at 407-412-7041 or fill out our online form to schedule a consultation with one of our experienced attorneys and to get the legal help you need.

Source:

flsenate.gov/laws/statutes/2012/61.30