How to get child support enforced

Child Support Enforcement in Florida

Learn how child support is enforced and overdue payments are collected in Florida.

By Aaron Thomas

Each parent has a duty to provide for the basic needs of his or her child. When parents divorce or separate, usually the parent not living with the child (the noncustodial parent) will pay money to the custodial parent to help support the child. Sometimes, the noncustodial parent refuses to pay child support, and the custodial parent must ask the courts or state agencies for help collecting payments.

This article will explain how Florida courts enforce child support orders. If you have additional questions after reading this article, you should consult a local family law attorney for help.

Establishing Child Support in Florida

In order to enforce child support, you must have a child support order signed by a judge and filed with a court clerk's office. If you don't already have a court-approved child support order on file, you'll need to take steps to legally establish child support.

You can establish child support by filing a "Petition for Support" in the circuit court clerk's office for the county where you and your children live. You can file for child support:

• on your own, using this form petition for support
• with the help of a private attorney, or
• by applying for the services of the Florida Department of Revenue's Child Support Enforcement Program - as long as you have a child that needs child support, you are eligible for their help.

Once you file the petition for support, the court will set a hearing date. Bring evidence of your income and your child's financial needs to the hearing.

If you and the other parent agree on a monthly amount of child support, and the judge approves that amount, the judge will sign a child support order formalizing your agreement. If you and the other parent don't agree, the judge will decide the amount of child support and include it in the order.

Enforcement of Child Support in Florida

Compared to other states, Florida has very strict laws to ensure that noncustodial parents pay child support.

Motion for Civil Contempt

Civil contempt is used when a person violates a court order. The most common way to enforce a child support order is by filing a "motion for civil contempt." Filing this motion (written request) tells the court that you have a valid child support order in place, and the noncustodial parent is behind on payments.

You can file a motion for civil contempt on your own, with an attorney's help, or by asking Florida Child Support Enforcement to file the motion on your behalf. If you are filing the motion for civil contempt on your own, you can use this form.

To prove your child's other parent is in contempt of the child support order, you'll have to show the following:

• you have a valid child support order that has been approved and signed by a judge
• the other parent hasn't paid child support according to the order, and
• the other parent has the ability to pay.
  • the court will assume the other parent has the ability to pay; it's up to the other parent to show they can't pay if they want to avoid being held in contempt.

The judge will decide whether the other parent is in contempt at a hearing you both have to attend. If a judge believes you've proven your case, he or she will hold the noncustodial parent in contempt and issue an order stating how and when the parent should pay overdue support. The judge may also include other penalties for the delinquent parent in the order, such as fines or even jail time.

Court Orders to Collect Child Support

Once your child's other parent has been held in contempt of the child support order, the judge can order several different remedies to help you collect overdue and future support. The judge's order can:

• establish a payment plan for the other parent to follow
• withhold income from a delinquent parent's paychecks
• intercept federal or state tax refunds when $500 or more is owed
• intercept lottery winnings of more than $600
• garnish (take directly) money from financial accounts when more than $600 or 4 months' of child support is owed
• place liens on vehicles and force their sale when $600 or more is owed
• place liens on real or other personal property and order their sale
• claim and sell a delinquent parent's abandoned or unclaimed property
• freeze a home equity line for a parent to prevent potential child support money from being spent
• intercept worker's compensation funds owed to a delinquent parent, and
• incarcerate a delinquent parent up to a year until overdue child support is paid.

Additionally, a court can order delinquent parents to reimburse the custodial parent's attorney's fees and other expenses related to the contempt motion, including travel expenses to the court and expert witness costs.

Florida Child Support Enforcement (CSE) can also help you enforce child support orders with the following services:

• Financial Institution Date Match program: CSE can check all Florida financial records (for example, records for bank accounts and money market accounts) to see if delinquent parents have funds that could be used to pay child support.

• Driving privilege revocation: the Department of Motor Vehicles can suspend delinquent parents' driver's licenses and car registrations until they pay overdue support or agree to a payment plan.

• Professional license and certificate suspension: Florida can suspend delinquent parents' professional, occupational, or recreational licenses until they pay overdue support or agree to a payment plan.

Other Penalties for Nonpayment of Child Support in Florida

Florida law also has other methods that do not directly obtain child support from delinquent parents, but instead punish those parents for nonpayment:

• Florida may freeze delinquent parent's financial accounts when they are behind at least $600 or 4 months' child support.

• Florida Child Support Enforcement may report delinquent parents to consumer reporting agencies (credit bureaus) when they are behind by 15 days on child support.

• Florida reports parents behind by $2500 or more on child support to the U.S. Department of State to have their passport revoked or passport application denied.

If you have any other questions about enforcing child support in Florida, contact a local family law attorney for advice.

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Considering a Child Support Case?

Are you thinking about opening a child support case? Sometimes you can avoid court completely - see the whole process with helpful videos.

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Calculate Child Support

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Services You May Need

Welcome to California Child Support Services

There are 47 child support agencies across California that establish and enforce child support and medical support orders. Either parent or any guardian of a child can open a child support case, whether or not there is an existing child support order, and a case is automatically opened when a child receives public assistance. All case services are handled at this county or regional level and all child support-related questions should be first routed to the agency in your county or region of residence.

Having a case with Child Support Services creates a record of all child support payments, provides a neutral go-between for parents, and can help both parents avoid court and assist with navigating the child support system.  Child Support Services staff act in the public interest and do not represent either side of a child support case. A complete list of services provided can be found here; these services are provided at little or no cost.  

If you are thinking of opening a case, or have been named in a child support case, contact us right away. Your local agency can help both of you know what to expect, and will work with you to make the child support process as stress-free as possible.  We can even help you work out an agreement for child support and avoid court.

The 10 Steps of the Child Support Case Process*

*If you already have a court order for child support and need to have that order enforced, you must first open a case with Child Support Services.

Either parent can apply for support or open a child support services case, as can a child’s legal guardian. 

Before a child support order can be made, both parents of the child or children must be located.

The parent being asked to pay will be legally notified that they are named in a child support case.

If named in a case, you have the right to request proof of legal parentage and we will help you free of charge.

If both parents can agree on an amount, they can avoid court by filing a “Stipulated Agreement.”

A judge or commissioner reviews your information and decides on a child support amount. 

After a child support order is set, payments are scheduled to begin, usually by payroll deduction.

Parents who refuse to pay or delay paying their child support face enforcement actions and interest charges.

If either party has a change in circumstances after child support is set, they may qualify for “modification.”

There are many reasons why a child support case can be closed. 

Article 102. The procedure for collecting alimony and debt on maintenance obligations \ ConsultantPlus

This document is applied taking into account the features established by Federal Laws of 04/03/2020 N 106-FZ, of 10/07/2022 N 377-FZ, of 12/29/2022 N 573 -FZ, dated 08. 06.2015 N 138-FZ.

Consultant Plus: note.

See also Chapter 17 of the Family Code of the Russian Federation on the issue of the procedure for collecting alimony.

Article 102. The procedure for collecting alimony and debt on maintenance obligations

Prospects and risks of disputes in a court of general jurisdiction. Situations related to Art. 102

- The recipient of the alimony disputes the decision of the bailiff on determining the amount of debt for alimony

- The payer of alimony disputes the decision of the bailiff on the determination of the amount of debt for alimony

or another person to whom it was sent in the cases specified in paragraph 1 of Article 9and paragraph 8 of Part 1 of Article 47 of this Federal Law, the executive document (copy of the executive document), indexes the alimony collected in a fixed amount of money in proportion to the growth of the subsistence minimum for the corresponding socio-demographic group of the population established in the corresponding subject of the Russian Federation at the place residence of the person receiving alimony, and in the absence of the indicated value in the corresponding subject of the Russian Federation, in proportion to the increase in the subsistence minimum for the corresponding socio-demographic group of the population, established as a whole for the Russian Federation. On such indexation, these persons are required to issue an order (instruction), and the bailiff is obliged to issue a decision.

(as amended by the Federal Laws of November 30, 2011 N 363-FZ, of November 14, 2017 N 321-FZ)

(see the text in the previous edition)

the executor on the calculation and collection of alimony arrears based on the amount of alimony established by a judicial act or an agreement on the payment of alimony.

(Part 2 as amended by Federal Law No. 321-FZ of November 14, 2017)

(see the text in the previous edition)

3. The amount of debt on alimony paid for minor children as a share of the debtor's earnings is determined on the basis of the debtor's earnings and other income for the period during which no alimony was collected. If the debtor did not work during this period or documents on his income for this period were not submitted, then the alimony debt is determined based on the average wage in the Russian Federation at the time of debt collection.

4. In the event that the amount of alimony arrears determined by the bailiff violates the interests of one of the parties to the enforcement proceedings, the party whose interests are violated has the right to apply to the court to determine the amount of the debt.

5. The performance fee for non-payment of alimony is calculated and collected from the amount of each debt separately.

6. In case of malicious evasion from paying alimony, the debtor may be held criminally liable in accordance with the legislation of the Russian Federation.

How to collect maintenance for the past period?

Alimony for previous years can be collected if a relative did not fulfill his obligations to support a child, a retired parent or another disabled relative. You can receive money for the past period only by court decision .

What about child support for the other parent?

If one of the parents of a child evades maintenance, the legislation of the Russian Federation provides for the right of the other parent, who actually raises the child, to enforce the collection of alimony. However, in accordance with Part 2 of Art. 107 of the RF IC, maintenance funds are assigned only from the date of filing a statement of claim with the world court.

Can I apply for child support for 2 years?

As a general rule, the payment of alimony begins from the date of filing a relevant application with the court. However, under certain conditions, it is possible to demand the payment of alimony and for the last 3 years that preceded the application to the judicial authority.

How do I file for child support for previous years?

In order to receive alimony for the past period, if the payer disagrees and there is no document on the appointment of payments, the recipient must apply to the court with the appropriate statement of claim. The claim may simultaneously consider the issue of assigning payments for the subsequent period and collecting for past.

How to renew a writ of execution for alimony?

A citizen who is the recipient of alimony on the basis of writ of execution , who previously suspended enforcement proceedings, has the right to restore the payment of alimony by contacting the Federal Bailiff Service (FSSP) with the necessary documents.

Is it possible to issue alimony for previous years?

How to avoid child support after 18?

And the student must attach to the statement of claim a certificate from the university confirming the education, passport, tax identification number, income statement of the parent or guardian with whom he lives. Eligibility for child support ends when the recipient reaches the age of 23 and when education ends.

Is it possible to apply for maintenance if the child is studying after the age of 18?

According to Russian family law, parents are required to support their own minor children. Accordingly, a parent who has not lived since child must pay child support until child turns 18 years old . After reaching the age of majority, maintenance obligations are removed.