A child support warrant in Florida is a serious legal action taken against individuals who have failed to meet their court-ordered child support obligations. Here’s what you need to know about child support warrants in Florida:
When Can a Child Support Warrant Be Issued?
Child support warrants are typically issued when a parent consistently fails to pay court-ordered child support. The process usually involves several steps:
Contempt of Court: If the parent is found to be willfully non-compliant, they may be held in contempt of court.
Notice of Delinquency: After 15 days of non-payment, a Notice of Delinquency is sent to the parent who owes support.
Enforcement Actions: If payment is not made within 20 days after the notice, various enforcement actions may be initiated.
Court Hearings: The Child Support Program may file a legal action in circuit court to enforce the child support order.
Situations that result in the issuance of a child support warrant
An unpaid child support warrant may be issued when The parent with custody files a petition with the court for non-payment of court-ordered child support. The noncustodial parent will receive notice of the petition and can respond before the judge decides.
A warrant may also be issued if the noncustodial parent does not attend a hearing about their failure to pay child support. In these cases, the judge may order the sheriff’s department or other law enforcement agency to locate and arrest the noncustodial parent.
Before a warrant can be issued, there must be evidence that the noncustodial parent has failed to pay their court-ordered child support on schedule and without justification. The custodial parent must file documentation with the court proving that they have not received payment as required.
Judges will typically give noncustodial parents one final chance to make their payment before taking more drastic action. If you continue to miss payments despite these warnings, you could face serious legal consequences, including fines, jail time, and other penalties.
How far behind in child support before a warrant is issued in Florida
In Florida, a warrant for arrest, also known as a Writ of Bodily Attachment, may be issued if a parent owes more than $500 in unpaid child support payments or has been in arrears for over 12 weeks. This warrant is issued when there is evidence that the noncustodial parent has failed to fulfill their financial obligations towards their children, as outlined in their court order or settlement agreement.
The Child Support Program may file a legal action in circuit court to enforce the child support order if the parent who owes support has the ability to pay but does not. If a parent who owes support is found in contempt of court for willful non-payment of child support, the parent may be incarcerated until payment is made as ordered.
Consequences of Ignoring a Child Support Warrant
A child support warrant can have severe consequences:
- Arrest: The court may issue an order of arrest, also called a Writ of Bodily Attachment. This allows law enforcement to arrest and jail the non-compliant parent.
- Incarceration: The parent may be incarcerated until payment is made as ordered, but only if the court finds that the parent has the present ability to pay a specific amount.
- Driver’s License Suspension: The parent’s driver’s license may be suspended[4].
- Asset Seizure: Assets may be seized to cover the owed child support[4].
- Passport Cancellation: The parent’s passport may be canceled, restricting international travel.
Felony Charges
In Florida, non-payment of child support can escalate to a felony offense under certain conditions:
-The parent has attempted to leave the state to evade payment.
-The payment is four months past due, and the amount owed is $2,500 or more.
-There’s a prior conviction for non-payment.
Penalties for Noncompliance with a Child Support Warrant
You could face significant legal penalties if you receive a child support warrant in Florida and fail to comply with its terms. These may include wage garnishment, property liens, driver’s license suspension or revocation, passport denial or revocation, and incarceration. Based on the terms of your case, you may also be forced to pay court expenses and attorney’s fees.
How Ignoring the Warrant Can Affect Your Credit Score and Employment Opportunities
Ignoring a child support warrant can have long-term consequences beyond legal penalties. Nonpayment of child support can have a negative impact on your credit score—affecting your ability to secure loans or credit cards in the future. Additionally, many employers check credit scores as part of their hiring process; if your score is low due to unpaid child support obligations (or any other reason), it could be more difficult for you to find employment.
Furthermore, ignoring a child support warrant can damage your reputation in other ways that are less tangible but equally harmful. For example, family members and friends who learn that you are not paying child support may view you differently than before—possibly leading to strained relationships or even ostracism from social circles.
How much unpaid child support in Florida
In the state of Florida, an abundance of unpaid child support lingers, posing a persistent problem. By the year 2020, the Florida Department of Revenue faced a daunting caseload, burdened with a staggering $6.7 billion in outstanding child support payments. As of early 2022, the average outstanding debt per delinquent parent in Florida stood at a sizeable $15,621, reflecting the mounting challenges.
Alas, in 2020, a distressing 38% of Florida parents within the Department of Revenue caseload failed to fulfill their financial obligations promptly, exacerbating the predicament. Worryingly, the closure of over 13,000 cases since 2014 represents a mere fraction of the colossal mountain of unpaid support, which looms large at an alarming $21.5 million.
Child Support Enforcement Program in Florida
Resolute and steadfast, Florida’s esteemed Child Support Enforcement Program endeavors to ensure adherence to child support mandates while actively assisting parents in meeting their rightful duties. In its relentless pursuit, the program employs an extensive array of measures, such as the facilitation of job placement and comprehensive training programs, the initiation of robust enforcement actions, and the establishment of collaborative partnerships with fellow state agencies entrusted with the welfare of children. In cases where one parent resides out of state, cordial associations between the Child Support Program and the relevant interstate child support entities come into play, fostering a united front.
For parents with the means to support their children financially yet choose not to discharge their obligations, the Child Support Program has the authority to instigate legal actions within the circuit court, employing all necessary means to enforce the child support order. This momentous judicial interjection may yield manifold outcomes, ranging from the full or partial satisfaction of overdue support, the chastising declaration of contempt towards those who defy the court’s authority, the identification and calculation of overdue support to be accounted for, or even the issuance of a resolute mandate, compelling the delinquent parent to seek gainful employment or undertake vocational training actively. In the most egregious cases of persistent non-compliance with child support obligations, the specter of incarceration may haunt those parents who have thus far evaded their responsibilities, serving as a stern reminder of the gravity of their actions.
How to Avoid Getting a Child Support Warrant Issued Against You
What you can do to avoid having problems with child support payments
If you intend to decrease the likelihood of having a child support warrant issued against you in Florida, you can take concrete steps. First, make sure that you understand your obligations as a parent. This means knowing when payments are due and how much you must pay monthly.
Track these obligations on your calendar or establish automated payments to ensure you never miss a payment. Another important step is communicating with your co-parent about any changes in your financial situation.
If something has changed and you’re struggling to meet your obligations, don’t wait until it’s too late to say something. Talk with them about the situation and collaborate to build a solution that can work for everyone involved.
Resources available for parents who need help meeting their obligations
Despite our best efforts, we may still struggle to meet our child support payments on time. Fortunately, resources are available in Florida for parents who need help meeting their obligations.
One such resource is the Florida Department of Revenue’s Child Support Program. This program offers assistance with establishing paternity, locating absent parents, and enforcing child support orders.
They also offer payment plans and modifications for those who qualify. Additionally, several legal aid organizations throughout Florida offer free or low-cost legal services for parents struggling with child support issues.
Resources that you can use:
End on a Positive Note
While facing a child support warrant can be daunting, there is hope for parents who want to make things right. By taking proactive steps and seeking help when necessary, you can fulfill your financial obligations towards your children and create a nicer future for them.
With persistence and dedication, you can rebuild relationships with your children and move forward confidently, knowing that you’re doing everything possible to provide them with what they need most – love and care.