In a general sense, the only thing about Florida's child support laws is that they encourage equal timeshare and collaboration between parents. Therefore, like many states, Florida uses a variation of the 'Income Shares Model when deciding parental obligation. In Florida, there is no statute of limitations for back child support. That means the court has the freedom to pursue delinquent parents indefinitely.
Consequently, it is up to the judge to decide the extent of your arrears. That means that evidence of income and obligations is very important for both parents. Aren't you paying court-ordered child support in Florida? Bad play. Failure to pay child support can have very serious consequences.
If a parent can pay child support and simply doesn't pay it on purpose, they can be found to be in contempt of court. This is a serious offense and can involve jail time. Failure to pay child support can also negatively affect a person's credit score and can result in liens being imposed on their property. Civil or criminal contempt can result in a court order for support not being enforced.
However, civil contempt is used much more frequently than criminal contempt. To convict a person of criminal contempt, evidence must show that the defendant can pay, and the non-payment is intentional and intentional. In addition, since this is a criminal proceeding, you must comply with Rule 3,840 of the Florida Rules of Criminal Procedure. In this type of case, the hearing officer will determine if the parent deliberately failed to pay child support.
The UIFSA can also be used in Florida to secure child support when parents live in different states. Under Florida's child support guidelines, you are eligible for a one-year sentence behind bars if you don't pay or until the arrears are paid. The judge will often follow the state's Child Support Guidelines when deciding the amount of support. As mentioned, the primary consideration when calculating child support in Florida is the income of both parents along with the number of overnight stays.
For example, if a Florida family law court issues a child support order and the parent later moves to Georgia, UIFSA will help enforce the order in Georgia. Under Florida child support law, a parent has the right to request retroactively (due) child support. In addition, a parent can sue for retroactive support even after the child turns 18. Under Florida child support law, a court is authorized to garnish wages to enforce child support payments. If the parent who owes support has the ability to pay child support, but does not pay it, the Child Support Program can bring legal action in the circuit court to enforce the child support order.
Failure to pay a child support order in full is failure to comply with a court order that can have serious consequences, including criminal consequences. Even so, many people may find themselves in a bad situation and struggle to keep up with their child support payments. Providing support to other children can be classified as a reasonable and necessary expense under the law. If you don't receive the child support payments owed to you, or you have other child support issues in Florida, it can create a difficult financial situation for you and your family.
