What Should I Do About My Child Support Arrears?

Florida requires parents to provide financial support for their children. When one parent misses their child support payments, the unpaid amount is considered in arrears. Unpaid child support obligations can lead to serious legal consequences. If you owe child support arrears or are attempting to collect past-due payments, understanding Florida law can help you avoid unnecessary turmoil.

What constitutes child support arrears in Florida? 

Technically speaking, child support arrears are the total amount of unpaid child support accumulated over time. The payments don’t just go away because one parent has failed to pay them. Instead, they accrue interest and continue to add up until they are paid in full. This is true even if the child turns 18. You would still owe the back-due amount of child support even though you are no longer required to make future payments.

Key points to consider include:

• Payments must be made – These payments are mandated by the court. Even if the other parent refuses to allow you access to your children, you must still pay child support during that period.

• Back-due support accrues interest – Florida law allows child support payments to accrue interest when they are not paid in time.

• Child support arrears never disappear – Child support arrears cannot be discharged in bankruptcy or otherwise forgiven.

If you have fallen behind on your child support payments, it’s important to address the matter promptly to avoid potential repercussions.

What are the consequences of failing to pay child support in Florida? 

The State of Florida has several mechanisms in place to force a parent to pay child support. The Florida Department of Revenue (DOR) will use these mechanisms to squeeze the delinquent parent. This includes:

• Wage garnishment – The court can garnish your wages, meaning they will withhold child support payments from your paycheck.

• Driver’s license suspension – Your license could be suspended until you either make payment or set up a repayment plan.

• Tax refund intercept – The government will intercept your federal and state tax refunds to cover the back-due amount of child support.

• Property liens – The court can place a lien on your home, vehicle, or other assets.

• Freezing your bank account – Your bank account could be frozen to repay the delinquent amount of child support.

• Jail time – Failure to pay child support could result in contempt of court charges, and that could lead to possible jail time.

If you owe back-due child support, you should seek legal advice on how to manage the problem before it turns into a jail sentence. If you’re owed back-due child support, you should contact an attorney so that you can petition the court to lean on the delinquent parent.

Talk to a Tampa, FL Child Support Lawyer Today 

Westchase Law, P.A. represents the interests of parents who are attempting to collect back-due child support. We can also help you if you owe child support and want to avoid some of the worst consequences of failing to pay. Call our Tampa family lawyers today to schedule an appointment, and we can begin discussing your options right away.