Child support and child custody laws can be complicated. But one thing’s for sure: the court’s main focus is the best interests of the children. Every family situation is different, so there is no single rule that works for everyone in Florida. The conditions especially apply to the parenting schedules or child support.
A common issue many divorced parents deal with is child support. Child support helps children maintain the same quality of life in both parents’ homes. If one parent earns more money than the other, the higher-earning parent may need to pay child support.
If you have any questions about how child support or custody works in Florida, Shawn Gearhart and his team of experienced attorneys are here to help with free case evaluations.
Here’s what to know about Child Support: Will I Have to Pay Child Support?
Can I Refuse Other Parent’s Visitation if They Fail to Pay Child Support?
Even if parents fail to pay child support, they still have various legal rights. If your ex-spouse is not paying child support on time, you do have legal options. However, you cannot deny their visitation because of missed payments.
In case you want to get help enforcing a child support order, you need to register the order with the state. Once it is registered, Florida can help collect the payment. If you already get public benefits, your case must already be registered with the Florida Department of Revenue.
In Florida, child support and visitation are treated as separate legal issues. You cannot deny visitation rights to the parent because they failed to pay the child support ordered by the court.
If you refuse to follow the parenting schedule, the court can order extra time-sharing for the other parent to make up for the missed visits. The judge can also punish the parent for violating the orders in various ways. For example, the court can order you to:
- Take a parenting class
- Pay the other parent’s attorney fees and court costs.
- Do community service.
In more serious cases, the judge can even change the parenting plan. It can include giving the other parent more parental responsibilities or changing the child’s primary residence.
Check out Why Florida Makes Divorcing Parents Take a Mandatory Parenting Class?
What Can I Do If Child Support is Late?
If you are a parent receiving child support and the other parent is not making payments as ordered, you can hold that parent accountable.
File a motion for contempt
A parent who has not received any child support payments can file a motion for contempt in court. The motion asks the court to enforce the child support order and make the other parent pay the support they owe. If the judge finds out that the parent is willingly not making the payment, the court can hold them in contempt. It can lead to serious consequences, fines, license suspension, or even jail.
The court also orders the parent to make overdue payments in installments or through a payment plan.
Ask for a Modification of the Child Support Order
If the parent paying child support has trouble making payments due to financial reasons, they can ask the court to modify the child support order based on their current income and situation. The parent getting child support can also request a modification if they believe that the current amount is not enough to meet the child’s needs.
However, it is important to know that only a judge can modify the child support order. Parents have no legal right to change the payment amount on their own, even if they both agree to it verbally. Any changes should be approved by the court to be legally valid.
Changing Child Support Agreements in Florida? Here is what you need to know.
What If My Ex Fails To Pay Child Support?
Florida collects most child support payments from a parent’s paycheck through income withholding. It means the money is taken out before the parents receive their pay. It helps keep payments regular and reduces any chances of falling behind.
If a parent misses payments, Florida uses various other methods to enforce child support orders and collect the money owed. For example, if a payment is more than 30 days late, the unpaid debt is reported to the credit agencies. It can hurt the parent’s credit score and make it even more difficult for them to qualify for loans or financing.
The state can also suspend or refuse to renew a driver’s license for parents who fail to make child support payments. In more serious cases, if the parent owes more than $600 in overdue support, Florida can place a lien on property such as a boat or a car. It gives the state a legal claim against the property until the child support debt is fully paid.
Get The Right Legal Help.
Are you going through the same situation where child support payments are not being made? You need to take the right legal steps. Contact Affordable Divorce Center attorneys for legal assistance in enforcing child support orders. Our team is there to help you at every step to protect your rights and get the best possible outcomes for your case. Reach out today for consultation.
