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Florida Law on Back Child Support Arrears

    Child Support

    • The child support amount set is based on several factors. A Florida court considers each parent's income, the number of children requiring support and the custodial parent's expenses.

      If either parent experiences a significant change in circumstances in the future, the support order may be modified. Support may be increased or decreased based on a change in income, a change in custody or a substantial change in expenses.

    Department of Revenue

    • If a custodial parent is not receiving child support, she can contact the Child Support Enforcement Program run by the Florida Department of Revenue. The agency is available Monday through Friday from 7 AM to 7 PM by calling 1-800-622 KIDS (5437). The Department of Revenue is permitted to enforce any court-issued support order. It will attempt to collect all back support until arrears are paid in full.

    Income Deduction Order

    • Most child support, including arrears, is collected by payroll deduction. The Department of Revenue is authorized to submit an income deduction order to the owing parent's employer. The employer is required to deduct child support payment directly from the owing parent's income and send the funds to the owed parent.

    Property Seizure

    • If a parent owes more back support than can be collected from an Income Deduction Order, the agency can also seize other property. State tax refunds, federal tax refunds, state lottery winnings of more than $600, unemployment benefits and workers' compensation payments are all subject to seizure. The agency can also put a lien on the owing parent's home, car, boat or other property. If that property is sold, any back support must be paid from the proceeds before the owing parent is entitled to profit from the sale. The Department of Revenue can freeze any bank accounts and seize any available funds to pay down the child support arrears.

    License Suspension

    • When the Department of Revenue requests that the owing parent pay the back support and the parent refuses, the agency is authorized to suspend the parent's driver's license. Other licenses that may be suspended include recreational licenses (boating, fishing and hunting) and professional licenses (like those that authorize the practice of law or medicine).

    Court Intervention

    • If the parent continuously fails to pay support, the agency can refer the case to the court. The court can hold the parent in contempt of court and sentence him to up to 179 days in jail unless support is paid. If the parent makes a partial payment and makes arrangements to continue paying down the arrears, the court will purge the contempt order.

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