Florida Child Support: Child Support Enforcement

• Everett v. Everett, 196 So. 3d 483 In this case the Court of Appeals affirmed the lower court's ruling that the appellant be sentenced to 120 days in jail for continuously failing to pay child support when he had the ability to pay. 

• Satterfield v. Satterfield, 39 So. 2d 72 In this case the court quashed the decree of the lower court that held petitioner in contempt and ordered that petitioner be discharged from jail because it found that petitioner was making an honest effort to improve his financial circumstances so that he could contribute to the support of his children.

• Smith v. Miller, 451 So. 2d 945 In this case the court reversed the order finding appellant father in contempt for nonpayment of his child support obligations and which ordered that he be imprisoned as a result, holding that the lower court never made an affirmative finding based upon evidence that at the time of the incarceration, appellant had the ability to make the required child support payment in order to avoid going to jail, therefore, it was error to imprison him.

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.

Penalties for Missing Child Support Payments in Florida

In Florida, failure to pay the stipulated child support is a serious violation of a court order, which amounts to contempt of court. As a result, you risk being prosecuted by the Florida Family Court. If you persistently refuse to pay child support, you might face jail time or be subjected to various mechanisms to compel payment. The severity of these consequences depends on various factors, including the amount of missed payments and notices of delinquency.

Penalties for missing child support payments in Florida include:

• Withholding of income
• Seizure of assets
• Suspension of your driver’s license
• Cancellation of passport
• Jail terms