What Happens if a Parent Refuses to Pay Child Support?

By: Jarbath Peña Law Group

Child support is more than just a financial transaction; it is a fundamental obligation that ensures a child's basic needs for food, shelter, healthcare, and education are met. A court order for child support carries the full weight of the law, and both parents are legally required to adhere to it. When one parent fails or refuses to pay, the consequences extend far beyond financial strain. It can destabilize a child's life and place an immense burden on the custodial parent.

In Florida, the legal system takes the enforcement of child support very seriously. There are numerous powerful mechanisms in place to ensure children receive the financial support they are rightfully owed. If you are a parent struggling to receive court-ordered payments, it is crucial to understand that you have rights and legal options. This guide explains the serious consequences a parent faces for refusing to pay child support and outlines the steps you can take to enforce your order.

The Immediate Impact of Unpaid Child Support

Before diving into the legal penalties, it is important to acknowledge the real-world effects of non-payment. For the custodial parent, missed payments can create a crisis. It can mean struggling to pay rent, buy groceries, or cover unexpected medical bills. The stress is immense and can impact the parent's ability to provide a stable and nurturing environment.

For children, the impact is even more profound. They may have to go without necessities or miss out on activities that are important for their development. More than that, they can feel the emotional weight of the financial instability and the conflict between their parents. Enforcing child support is not about punishing the other parent; it is about protecting your child's well-being and right to a secure upbringing.

Legal Consequences for Failing to Pay Child Support in Florida

When a parent falls behind on payments, they are considered to be "in arrears." The Florida Department of Revenue and the court system have a wide array of tools to compel a non-paying parent to meet their obligation. These enforcement actions can be severe and can escalate over time.

1. Income Withholding Orders (Wage Garnishment)

This is one of the most common and effective enforcement methods. A judge can issue an Income Withholding Order, which is sent directly to the non-paying parent's employer. The employer is then legally required to deduct the child support amount, including any past-due amounts, directly from the parent's paycheck and send it to the Florida State Disbursement Unit. This method ensures consistent payments and bypasses the non-paying parent entirely.

2. Suspension of Licenses

Delinquent child support payments can lead to the suspension of various state-issued licenses. This can include:

• Driver's License: A parent's driving privileges can be suspended, making it difficult to work and conduct daily life.

• Professional Licenses: Licenses required for work, such as those for doctors, lawyers, contractors, cosmetologists, and real estate agents, can be suspended. This directly impacts the parent's ability to earn an income.

• Recreational Licenses: Hunting and fishing licenses can also be suspended.

The threat of license suspension is often a powerful motivator for a parent to become compliant with their support order.

3. Interception of Funds

The state can intercept money owed to the non-paying parent from other sources. This includes:

• Federal Tax Refunds: The state can seize a parent’s federal income tax refund to cover past-due support.

• Lottery Winnings: Any lottery winnings over a certain amount can be automatically redirected to pay off child support arrears.

• Unemployment or Workers' Compensation Benefits: A portion of these benefits can be garnished to satisfy the child support obligation.

  
  

4. Liens and Asset Seizure

For significant arrears, the state can place a lien on the non-paying parent's personal property. This includes real estate, vehicles, boats, and bank accounts. A lien is a legal claim against the property that must be paid off before the property can be sold or refinanced. In some cases, the court may even order the seizure and sale of these assets to satisfy the child support debt.

5. Contempt of Court

Refusing to obey a court order to pay child support is considered contempt of court. The custodial parent can file a Motion for Contempt, which requires the non-paying parent to appear before a judge and explain why they have not paid. If the judge finds that the parent has the ability to pay but has willfully refused to do so, they can face serious penalties, including:

• Fines: The judge can impose monetary fines in addition to the owed support.

• Jail Time: In cases of willful non-payment, a judge can sentence the parent to jail until they either pay a "purge" amount to secure their release or comply with the order.

This is typically a last resort, but it underscores the seriousness of defying a child support order.

What to Do if You Are Not Receiving Child Support

If your co-parent is not paying child support, do not wait for the situation to resolve itself. It is important to take action to protect your child’s rights.

1. Keep Detailed Records: Document every missed or partial payment. Note the dates and amounts owed. Keep copies of any communication you have with the other parent about the payments.

2. Contact the Florida Department of Revenue: The Department of Revenue’s Child Support Program provides enforcement services, often at no cost. They can initiate many of the enforcement actions listed above on your behalf.

3. Consult with a Family Law Attorney: While the Department of Revenue is a valuable resource, they represent the state's interest in seeing support paid. An experienced family law attorney works directly for you. An attorney can provide personalized advice, file a Motion for Contempt on your behalf, and represent you in court to advocate for the swiftest and most effective enforcement measures.

   
   

A Note for the Paying Parent

If you are the parent ordered to pay support and are facing financial hardship, you cannot simply stop paying. Unilaterally stopping payments will lead to arrears and the severe consequences mentioned above. If your financial situation has changed significantly due to job loss or other circumstances, you must petition the court for a modification of your child support order. Only a judge can legally change the amount you are required to pay.

Let Us Guide You

Navigating the child support enforcement process can be daunting. Whether you are the parent owed support or the parent struggling to pay, having an experienced legal advocate on your side is essential. The attorneys at Jarbath Pena Law Group understand the sensitivity and urgency of these matters.

We can help you:

• Understand your rights and legal options.

• File the necessary motions to enforce your child support order.

• Represent you in court hearings for contempt or modification.

• Work to secure the financial stability your child needs and deserves.

You do not have to face this challenge alone. We are here to provide the compassionate support and strong legal representation required to resolve your child support issues effectively.

If you are dealing with unpaid child support, contact Jarbath Pena Law Group today. Call us at 305-615-1005 or visit our website at www.jp-lawgroup.com to schedule a consultation and learn how we can help.