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How to claim child support in florida


Frequently Asked Questions for Child Support Enforcement Division

Tuesday, March 14, 2023

Related Information

 

QHow can the Child Support Program help me and my children?
A
They can:
 
  • Locate missing parents for child support purposes
  • Establish paternity when needed
  • Establish medical and financial support orders
  • Enforce support orders
  • Modify support orders
QWhat are the address, telephone number and hours of operation?
AChild Support Program
Overtown Transit Village, South Tower 
601 NW 1ST COURT, 12th FLOOR
MIAMI, FLORIDA 33136
(786) 530-2600
Child Support Program - Office of Miami-Dade State Attorney Katherine Fernandez Rundle (miamisao.com)
 
The hours of operation are 8:00 AM - 5:00 PM, Monday through Friday.
QWhat is a "parent who owes support"?
A parent who owes support is the parent who does not live with the child and is ordered to provide support. According to Florida law, every child under the age of 18 has the right to the support of both parents, including the parent who owes support.
QCan the Child Support Program help locate the parent who owes support?
A

Yes. They must know where to find the parent responsible for support. If this is not known, the Child Support Program will search for him or her through a variety of local, state, and federal location resources. It is very important for you to provide any information about the parent who owes support, so that he or she can be located. Otherwise, your case cannot move forward.

QWhat is the application process and how much does it cost?
A

There is no fee for this service.

If you are a parent receiving public assistance, you are automatically referred to the Child Support Program and you must cooperate with efforts to obtain support.Failure to respond to requests for information, or missing appointments and court hearings may result in sanctions being imposed, causing your benefits to be reduced or canceled.

If you do not receive public assistance, you need to complete an application for services.

To apply for the services of the Child Support Program, please do so online at Florida Dept. of Revenue - Apply For Child Support Services (floridarevenue.com)

QHow is a child support order obtained?
A
If the location of the parent who owes support is not known, the Child Support Program will first need to find him or her before your case can be processed.

Once he or she has been located, the Child Support Program will send you correspondence to obtain preliminary information needed to begin processing your case.
Once the Child Support Program has obtained all the necessary information from you, your case will be referred to the Legal Department. The parent who owes support must then be served (notified of the action against him/her). The service process includes providing the parent who owes support with copies of the documents you have signed. Once he or she is served, a court date can be scheduled.

QHow long does it take to obtain an order?
A
The time it takes to obtain a child support order varies depending on the facts in your case, how much information you can provide, and other factors. These factors, which include successfully locating and then serving the parent who owes support with the case documents, actions taken by the opposing attorney, requests for paternity tests, the need for certified copies of existing support orders, etc., may delay the results. You can help speed the process by cooperating fully.
QHow are support orders enforced?
A
The Enforcement Unit works hard to ensure you receive child support payments on a regular basis. Some methods used are:
 
  • Income Deductions - Payments are deducted from the non-custodial parent's paycheck. 
  • IRS Intercepts - Tax refunds can be intercepted to collect delinquent child support.  
  • Freezing Bank Accounts – A computer search is done for non-custodial parents who have bank accounts with participating financial institutions. If a match is found, the bank account may be frozen.
  • Lottery Intercepts - Winnings of $600 or more from the Florida Lottery can be intercepted to pay delinquent child support. 
  • Liens - In certain cases, courts can place liens on real estate and personal property for non-payment of child support. 
  • Consumer Reporting Agencies - Information about delinquent child support is given to credit reporting agencies, possibly affecting the non-custodial parent's credit rating.
  • Suspension of Licenses - Driver's license, vehicle registration, and professional licenses can be suspended or denied for not complying with a court order for child support. 
  • Referral for Contempt - Court action can be taken if the non-custodial parent does not pay the child support as ordered by the court. He/she could face potential penalties, such as jail time.
  • Passport Denial – NCPs can be denied U.S. passports if their certified past due amount exceeds $2,500.
QHow are the support payments processed?
A
All child support payments must be sent to the State of Florida Disbursement Unit, PO Box 8500, Tallahassee, Florida, 32314-8500. Official court records are created of payments and disbursements to allow accurate enforcement and monitoring of your child support case. For this reason, you must not take payments directly from the parent who owes support.

If you do not receive public assistance, a check will normally be mailed from Tallahassee within two working days of receipt of the payment. If you do receive public assistance, support payments may be kept by the State of Florida as reimbursement for the public assistance you are receiving from the state.

QHow is paternity (fatherhood) established?
A
When a child is born to parents who are not married, fatherhood must be determined before any other action can take place. The alleged father may voluntarily admit that he is the father of the child(ren). In cases where he does not admit paternity, a court hearing and/or paternity test is scheduled. When a paternity test is necessary, the child's mother, the alleged father and the child are tested.
QHow much child support will be ordered?
A
The amount ordered is based on guidelines set by Florida law which take into account the children's needs and the income of both parents. Childcare costs, health insurance costs, and other children are also considered.
QI already have a child support order, but I am having problems with the payments.   Can the Child Support Program help me?
A
Yes. If you already have an order for child support and/or medical insurance, the full force of the law will be used to enforce that order so that you can receive regular payments.
QCan I get help if I don't have a child support order?
A
Yes. If you don't have a court order, legal proceedings will be used to establish child support and medical support obligations so that you can begin to receive payments from the parent who owes support.
QCan the Child Support Program help me with visitation, custody or alimony matters?
A
The Child Support Program does not enforce visitation or custody rights. Nor does it enforce alimony obligations, unless there is an ongoing child support enforcement matter which is being handled by the Child Support Program.
QHow can I modify the amount of child support?
A
Once the support order is established, it may be modified if there is a significant change in your financial situation or that of the parent who owes support. If you request a modification, the amount will be recalculated based upon guidelines set by Florida law. Normally, a modification petition is filed with the court only if the guidelines show the amount should change by at least 15% or $50 monthly, whichever is greater. If this is an interstate case (involving another state), there may be additional restrictions. Once the process is started, we are required to pursue it to completion even if it means the parent who owes support will pay less.
QWhat happens if the parent who owes support lives in another state?
A
When the parent due support and parent who owes support s live in different states, the Child Support Program works with child support offices in other states. When this type of case is referred to another state, that state's child support enforcement office and court system must be allowed to process the case within their applicable time frame.

The United State and the State of Florida have also entered into international agreements with various foreign countries for the establishment and enforcement of child support obligations.

The State of Florida has also entered into international agreements with various foreign countries for the establishment and enforcement of child support obligations.

QHow can I find out the status of my case?
A
You can check on the status of your case by registering for eServices at https://childsupport.floridarevenue.com
You may also contact our Call Center at (305) 530-2600
QWho do I contact if I am a person with a disability who has been noticed, and needs assistance, to participate in a court hearing?
A
Please contact ADA Coordinator, at:

Voice Mail: (305) 349-7175
TDD: (305) 349-7174
Fax No:. (305) 349-7355
Email:. [email protected]

 

Child Support - Florida Courts

The issue of child support can be handled in several different courts in Florida, either by itself, or as part of a separate family law case.  Article V, Sections 5 and 6 of the Florida Constitution grant the circuit and county courts jurisdiction to hear cases prescribed by general law. Article V, Section 1 of the Florida Constitution grants administrative officers quasi-judicial power in matters connected with the functions of their offices. Rule 12.491, Fla. Fam. L. R. P., applies to the proceedings for establishment, enforcement, or modification of child support when a party seeking support is receiving services pursuant to Title IV-D of the Social Security Act (42 U.S.C. §§651 et. seq.) and to non -Title IV-D proceedings upon administrative order of the chief justice.

1. Child Support Legal Outline 

2. Income Withholding

  1. Federal IWO Instructions. (2021).
  2. Federal IWO form 0970-0154 (2021). After clicking on the link to open the PDF please save it your device (computer, tablet, phone) in order to enable the fillable attributes of the form. 
  3. Sample IWO form with numbered fields that correspond to the numbers in the instructions. (2021)
  4. Income withholding flowchart.
  5. Click here for the NCJFCJ benchcards.
  6. The How to Complete  an Income Withholding for Support Order Guide was created in 2021 by the Federal Office of Child Support Enforcement gives step-by-step instructions for how to fill out the income withholding form.

3. Hearing checklists

  1. Child support Hearing Officer Colloquy 
  2. Motion for Contempt Checklist
  3. Petition for Paternity Checklist
  4. Petition for Superseding Order Checklist
  5. Petition for Support Checklist
  6. Petition to Modify Child Support Checklist 

4. Promising practices  - Child Support in Dependency Cases

According to the principles of unified family court as described in In re Report of Family Court Steering Committee, 794 So. 2d 518 (Fla. 2001), the best practice is to handle the child support matter before the same judge hearing the dependency case to avoid conflicting orders and multiple court appearances by the parties, as well as to increase efficiency and wisely utilize court resources. Please note: Section 39.521(1)(d)(7), Florida Statutes, states: “The court may exercise jurisdiction over all child support matters, shall adjudicate the financial obligation, including health insurance, of the child’s parents or guardian, and shall enforce the financial obligation as provided in chapter 61. ” Click here for the child support section of the Dependency Benchbook.   

5. Promising practices – Child Support in Domestic Violence Cases

Click here for the child support section of the Domestic Violence Benchbook. 

6. Helpful Resources:

Child Support Guidelines Worksheet

  • Supplemental Petition for Modification of Child Support
  • Notice of Hearing (Child Support Enforcement Hearing Officer)
  • Motion to Deviate from Child Support Guidelines
  • Motion for Temporary Support with Dependent or Minor Child(ren)
  • Petition to disestablish paternity and/or terminate child support obligation
  • Writ of Bodily Attachment (Child Support)
  • Florida Department of Revenue Child Support Services.

Watch this Dec. 2021 webinar to hear DOR staff teach users how to properly fill in and interpret the data from their regularly updated Excel worksheet. While primarily designed for judicial officers, lawyers, court staff, and other interested stakeholders may also want to watch this webinar if they are using the DOR spreadsheet to determine child support.

Eligible mediators can claim 1.2 CME's by contacting [email protected]. Eligible attorneys can claim 1 CLE hour by contacting the Florida Bar and referencing Course #2110102N. CJE's have been requested.

If you are a judicial officer and need the latest version of the excel spreadsheet to use from the bench, please contact the virtual court support at [email protected].

 

 

 

Florida Child Support - Child Support

Florida Child Support - Child Support

Parents are required to pay for the maintenance of minor children, regardless of their physical custody. In Florida, support guidelines are set in Florida statues. 61.30 . In the state of Florida, there are two ways to obtain child support: administrative and judicial.



Administrative support procedure

You can request support through the administrative support procedure if:



  • You currently have no established support order
  • Established paternity
  • Location of non-custodial parent known
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Administrative Support Procedure Steps

  1. Contact the Department of Revenue (DOR), Child Support Enforcement Administration.
  2. Apply for services.
  3. Provide required financial information.
  4. DOR will send a notice to both parents by certified mail or personal delivery.
  5. Both parents will have 20 days to review the order and complete the financial affidavit that will be included in the notice.
  6. DOR will calculate the amount of support based on the financial data provided.
  7. Each parent will receive a suggested support order.
  8. The non-custodial parent will have the option to agree to the order, request a meeting, or request a court hearing. If the non-custodial parent does not respond, then the order will be entered.
  9. The DOR then files an order with the appropriate agencies and begins fundraising by deduction from wages or from the non-custodial parent.

Legal support

Parents can apply for legal assistance if:



  • Unknown paternity
  • They are requesting a change to an existing order
  • Non-custodial parent's location is unknown.
  • They prefer the court process

Parents can contact a lawyer or the DOR to initiate a court support process.

Steps to a Support Order

  1. Contact DOR and apply for services.
  2. The custodial parent meets with DOR staff at the local office to provide the necessary information.
  3. If necessary, the DOR will locate the non-custodial parent.
  4. The DOR will interview the non-custodial parent to obtain the required information.
  5. DOR prepares the necessary documents and submits them to the agency's lawyer for review.
  6. Attorneys call the noncustodial parent and notify them of the effect of child support. The non-custodial parent has 20 days to respond.
  7. The hearing date is usually 60 days or longer.
  8. The hearing takes place before a judge, who then issues an order of support.
  9. As soon as the DOR receives a court order (usually takes about two weeks), they start collecting child support through payroll deductions.

Support calculation

Florida uses a standardized calculation based on:



  • Both parents' income
  • Number of Children
  • Health and Childcare Expenses
  • Child's Age

Based on this information, support is calculated using the standard needs table provided in Florida Statues 61.30 and includes health care/childcare costs. Each parent's maintenance obligation is allocated based on his or her percentage of earned income. To get an estimate of your child support obligation, you can enter information in the Florida Child Support Calculator field.

Deviations

Florida courts may allow parents to deviate from standard calculations in special circumstances, including:



  • Extraordinary education, health care, or childcare expenses
  • Age of child
  • Total available assets of any of the parent companies
  • Visit

Modification

Either parent may seek a change to an existing order under certain circumstances, including:



  • There is a material and permanent change in circumstances
  • If the difference in monthly obligations changes to at least 15 percent or $50, whichever is greater
  • There is a change in physical custody
  • Orders will only be considered once at three years old.
  • There is an increase in the child's needs, such as emergency medical expenses.
  • You need to support a child who is 18 years old but still in school and in school.

Support for your child

Child support is in the best interest of the child. If you are the parent of a child who needs support, contact a lawyer or the Florida DOR to make sure your child is getting the financial support he or she needs.

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How to get alimony from a mobilized person - October 10, 2022

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Partial mobilization does not release fathers from the obligation to provide for their children, but there is a deferment option

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After the announcement of partial mobilization in Russia, the problem of non-payment of alimony became more acute. Now the military has the right to apply to the bailiffs with a statement on the suspension of enforcement proceedings, respectively, for the duration of the service, all transfers can be paused. But even if such a statement is not written, it is now difficult for women to get money from the places of service of ex-husbands. We discuss different situations with a lawyer.

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The source of income has changed for those mobilized and simply sent to serve under a contract, and for those to whom they pay alimony, this has become a problem. Irina, a resident of Tyumen, shared her story. Her ex-husband, a pensioner from the Ministry of Internal Affairs, signed a contract with the Ministry of Defense on June 30.

— I received alimony from my pension, and now I received a notification that he was reinstated in the service. The Ministry of Internal Affairs now does not pay me alimony, and I also do not receive anything from the income that he now receives in the service, ”says Irina. - She came to the bailiff, she said: "I don't know what to do with you." I went to the military registration and enlistment office, they say that they don’t send any documents anywhere, this is not their duty. In Yelan, where he was sent for training, they gave him the number of the unified settlement center of the Ministry of Defense of the Russian Federation, they say: “We will accrue [alimony] only if the original documents are sent to us by mail.” And no one gives me the original documents as an ordinary citizen. It turns out that I have been fighting for a month and I can’t get anything - a vicious circle, you don’t know which doors to knock on.

According to Irina Zaitseva, Senior Associate at Filatov & Partners Law Firm, the procedure for collecting alimony from the mobilized remains the same as it was before the announcement of partial mobilization, in accordance with the Family Code of the Russian Federation. If the debtor is in the service, there are several options for transferring alimony. When this is done voluntarily, the soldier can send money himself, but with this option there may be some difficulties, for example, there may be no connection and the ability to connect to a mobile bank. The second option is to issue transfers through the employer.

- In this case, the debtor refers the executive document to the employer, and all payments are made through a single settlement center of the Ministry of Defense, - explains the specialist.

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In cases where alimony has to be collected through the FSSP, the lawyer advises contacting the bailiff and insisting that he find the debtor and establish his new place of work (service).

“A woman herself cannot request data from the military registration and enlistment office, but this can be done by a bailiff, he has broad powers, they can ask for a lot, get it, you just need to make an effort,” says Irina Zaitseva. - If there is no action on the part of the bailiff, you can write a complaint about inaction to the head of the district department of the FSSP or go to court with an administrative claim and recognize the inaction of the bailiff as illegal.

The delays that are happening now, the lawyer connects with a large number of bailiffs mobilized and insufficient experience in the current conditions. Maybe things will settle down in the near future.

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However, those who receive child support by court order may already face a new problem. Recently, enforcement proceedings against military personnel can be suspended at their request - including alimony. To do this, it is enough for the debtor to fill out an application at the military registration and enlistment office, at the department of the Federal Bailiff Service or through the State Services. Moreover, even close relatives of the debtor can now submit such an application.

— Suspension of enforcement proceedings in relation to military personnel is of a declarative nature, that is, a citizen, in accordance with Part 2 of Article 40 of the Federal Law “On Enforcement Proceedings,” has the right to apply for a temporary suspension of enforcement proceedings in connection with military service, — commented in the management of the Federal bailiff service in the Chelyabinsk region. - Enforcement proceedings are suspended until the circumstances that served as the basis for its suspension are eliminated, and until it is resumed, the application of enforcement measures is not allowed.

This message pops up on the website of the Office of the Federal Bailiff Service for the Chelyabinsk Region

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will write off payments, charge him penalties and fines. But this does not relieve the parent of the obligation to pay alimony - the debt will still accumulate, and after the end of the service, when the enforcement proceedings are resumed, it will have to be paid off.

In the event of the death of the debtor, the debts will have to be collected from the heirs.

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— If a person dies, enforcement proceedings are terminated due to the death of the debtor, but do not forget that debts are also inherited, — reminds the lawyer. “Even if the claimant has not found an heir, he can file a lawsuit against the estate if he knows that the debtor had an apartment or some other property. The courts accept such claims, search for heirs, and this way you can collect a debt.

Earlier, the lawyer explained that the obligation to pay alimony is not removed from the parents called up for service on partial mobilization.

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