A child support warrant in Florida is a serious legal step for those who haven’t paid their court-ordered child support.
Contents
- 1 When Can a Child Support Warrant Be Issued?
- 2 How far behind in child support before a warrant is issued in Florida
- 3 Consequences of Ignoring a Child Support Warrant
- 4 How much unpaid child support in Florida
- 5 Child Support Enforcement Program in Florida
- 6 How to Avoid Getting a Child Support Warrant Issued Against You
- 7 End on a Positive Note
- 8 Contacts for Florida Child Support Services
When Can a Child Support Warrant Be Issued?
Child support warrants are typically issued when a non-custodial parent fails to meet their court-ordered child support obligations.
Here are some common situations that can lead to the issuance of a child support warrant:
Prolonged Non-Payment
One of the primary reasons for issuing a child support warrant is when a parent fails to pay child support for an extended period. This situation often occurs after other enforcement methods have been attempted and failed.
Significant Arrears
When a parent owes a substantial amount in back child support, the court may issue a warrant. The threshold for what constitutes a “significant” amount can vary, but it generally involves several months of unpaid support.
Contempt of Court
If a parent willfully disobeys court orders related to child support, they may be found in contempt of court. This can happen when:
- The parent has the ability to pay but refuses to do so
- They fail to appear at scheduled court hearings regarding child support
Evasion of Payments
When a non-custodial parent deliberately tries to avoid making payments or cannot be easily located, the court may issue a warrant to bring them before a judge.
Criminal Non-Payment
In some jurisdictions, non-payment of child support can be considered a criminal offense, especially when the amount owed is substantial, or there’s a history of non-compliance. In these cases, a criminal warrant may be issued.
Failure to Respond to Other Enforcement Actions
Before issuing a warrant, courts typically try other enforcement methods, such as:
If these methods prove ineffective and the parent continues to ignore their obligations, a warrant may be issued as a last resort.
How far behind in child support before a warrant is issued in Florida
Initial Delinquency Notice
The enforcement process begins when child support payments become overdue. After 15 days of non-payment, the Florida Court Clerks and Comptrollers can send a Notice of Delinquency to the non-custodial parent. This serves as an official warning that payments are overdue.
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.
- Asset Seizure: Assets may be seized to cover the owed child support.
- 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
The Child Support Enforcement Program in Florida is a comprehensive initiative designed to ensure that children receive the financial support they are entitled to from non-custodial parents. Here’s an overview of the program:
Program Administration
The Florida Department of Revenue is the designated agency responsible for enforcing child support orders and assisting in locating absentee obligors. This program collaborates with various state and federal agencies to provide a range of services to families.
Services
The Child Support Program offers several essential services:
Payment Monitoring and Enforcement
Once a child support order is established, the program actively monitors payments. If payments are not received as ordered, the program takes steps to enforce compliance. These enforcement actions may include:
- Income withholding
- Intercepting tax refunds
- Suspending driver’s licenses
- Placing liens on property
- Reporting delinquencies to credit bureaus
Payment Options
The program provides various payment options for non-custodial parents to fulfill their obligations:
Fraud Prevention
The Florida Child Support Program also monitors for possible fraudulent offsets and reports these to the Office of Child Support Services (OCSS). This helps ensure the integrity of the system and protects both parents and children from potential fraud.
Assistance for Families
Families can seek help from the program for various child support-related issues. The First Judicial Circuit of Florida provides resources and information about child support enforcement, including how to apply for services and what to expect from the process.
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.
Track obligations on your calendar or establish automated payments to ensure you never miss a payment. Another 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 that you can use:
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.
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.
Contacts for Florida Child Support Services
| Contact | Details |
|---|---|
| Florida Department of Revenue (Main Contact) | Phone: 1-877-769-0251 Hours: 7:30 am to 6 pm EST, Monday-Friday Note: Case number & Social Security Number required through the Florida Department of Revenue’s Child Support Contact Page. |
| State of Florida Disbursement Unit | Address: PO Box 8500, Tallahassee, Florida, 32314-8500, as listed by the Eleventh Judicial Circuit. |
| Department of Revenue (Alternative Contact) | Phone: (850) 488-KIDS (5437) Hours: 7:30 a.m. to 6:00 p.m. EST, Monday-Friday, according to Florida Legal Services. |
| Eighth Judicial Circuit Child Support Enforcement | For cases in Gilchrist or Levy Counties: Phone: (352) 486-5382 (Child Support Hearing Officer), as found on the Eighth Judicial Circuit’s Child Support Enforcement Page. |
| Miami-Dade County Child Support Enforcement Division | Address: 601 NW 1ST COURT, 12th FLOOR, MIAMI, FLORIDA 33136 Phone: (305) 530-2600 Hours: 8:00 AM – 5:00 PM, Monday through Friday, per the Eleventh Judicial Circuit’s Child Support Division. |
| Volusia County Clerk of the Circuit Court | Note: Refers to the Florida Department of Revenue for Child Support Enforcement. |
| Additional Contacts | Alexandra Lozada (Office of the Executive Director): Phone: (850) 617-8347 Email: Alexandra.Lozada@floridarevenue.com, listed under the Florida Department of Revenue’s Service Access Contacts. |
You can copy and paste this table directly into your post editor!