How to Collect Past-Due Child Support in Florida?
If your former spouse was ordered to pay child support but failed to meet his or her financial obligation, you can take action to collect back child support, also known as past-due support.
If the other parent missed payments or otherwise fails to meet their financial obligation to provide support payments following a divorce, you may need to file a Motion for Enforcement to collect past-due child support.
When enforcing the court-ordered child support order, you should be represented by a knowledgeable Orlando family attorney to present your case at a hearing in the most convincing manner possible.
Filing a Motion for Enforcement or Contempt
Florida law does not place restrictions on filing a Motion for Enforcement or Contempt to collect back child support. Since there is no statute of limitations on child support payments or filing an action for child support arrears, you can pursue your case at any time. However, it is advised to take action sooner rather than later to be able to gather all available evidence proving that the obligor parent failed to meet his/her financial obligations.
In Florida, the supported parent must file a Motion for Enforcement or Contempt in order to collect back child support. There are three requirements for filing the motion:
- Present the court-ordered child support order and describe the other parent’s financial obligations;
- Inform the court that the parent failed to meet his or her financial obligations ordered by the court; and
- Demonstrate evidence proving that the obligor parent has the ability to continue making child support payments.
Child Support Enforcement Hearing
After the supported parent files the motion, the obligor parent will be served with an enforcement action. Then, the court will schedule a child support enforcement hearing, where the supported parent will have to present evidence proving that the obligor failed to make support payments and outline the total amount that is past-due.
The obligor parent, meanwhile, will have a chance to prove that they met their financial obligations by:
- Providing receipts of transactions indicating that child support payments were made;
- Showing copies of the checks; or
- Demonstrating proof that they deposited funds into the supported parent’s bank account.
If the court finds that your ex-spouse failed to meet their financial obligation, the court will calculate how much child support is owed as well as determine interest and penalty on late payments. Also, the court may order a new method for receiving future child support payments through:
- Wage garnishment; or
- Making payments through the Florida Department of Revenue.
Collecting Past-Due Child Support
In many cases, the court may also hold the obligor parent in contempt for failing to make child support payments. If this happens, the obligated parents will face additional penalties, including:
- Jail sentence;
- Suspension of the driver’s license;
- Seizure of bank accounts or tax returns; and
- Placement of liens on the property.
In addition to collecting past-due child support, the supported parent may also be entitled to compensation for the court costs and attorney fees associated with filing a motion. Talk to a skilled child support attorney in Orlando to collect past due child support and hold the obligor parent responsible for failing to make the payments. Contact Donna Hung Law Group to schedule a consultation. Call at 407-999-0099 today.