When a Florida court enters a child support or alimony order, it becomes a legal obligation—not a suggestion. But in reality, many paying parties fail to stay current on their support obligations. Whether the missed payments are due to job loss, willful nonpayment, or an effort to avoid financial responsibility, the consequences for the receiving parent and, most importantly, the child can be severe.
If you are owed back child support or alimony, Florida law provides powerful enforcement mechanisms to help you collect what you are owed. From wage garnishment and bank account levies to driver’s license suspension and even contempt proceedings, there are multiple legal tools available. A skilled Tampa divorce lawyer can help you navigate the process, choose the right enforcement remedy, and take decisive steps to recover overdue payments.
This article explores the range of enforcement options for collecting past-due child support and alimony in Tampa, with a particular focus on garnishment—one of the most effective tools available under Florida law.
What Is Garnishment?
Garnishment is a legal process in which a court orders a third party—typically an employer or a bank—to withhold money owed to the debtor (the person who owes support) and instead pay it directly to the creditor (the person entitled to support). In family law cases, garnishment is commonly used to collect:
- Past-due child support
- Past-due alimony (spousal support)
- Ongoing monthly support payments
In Florida, garnishment can be applied to:
- Wages and salaries
- Bank accounts
- Tax refunds
- Retirement accounts (in certain cases)
A Tampa divorce lawyer can initiate the garnishment process through the appropriate court filings and ensure compliance with both state and federal laws.
Income Withholding Orders (IWO) for Ongoing Support
Most Florida support orders include a built-in mechanism for garnishment called an Income Withholding Order (IWO). This allows the support amount to be automatically deducted from the paying parent’s wages and sent directly to the Florida State Disbursement Unit, which then distributes it to the recipient.
The IWO system is designed to promote compliance and avoid the need for direct contact between former spouses. It applies not only to current support but can also include an arrears component if the paying parent is behind.
If the paying parent changes jobs, the receiving party or their Tampa divorce lawyer must notify the court and file a new IWO with the updated employer.
Garnishment for Arrearages
When support is not paid on time, the unpaid amounts become arrears. These arrears do not disappear with time and are enforceable until paid in full. Florida does not have a statute of limitations on collecting past-due child support.
If support is owed and no IWO is in place—or if the IWO is not sufficient to cover the arrears—a Tampa divorce lawyer can file for garnishment of the paying party’s wages or bank accounts. The court will enter an order authorizing the garnishment, and the funds will be seized and redirected to satisfy the support debt.
Process of Obtaining a Garnishment Order
To initiate garnishment in a past-due support case, a Tampa divorce lawyer will generally take the following steps:
- File a Motion for Contempt and Enforcement with the court, identifying the amount owed and the missed payments.
- Request a hearing, where the paying party will be given a chance to respond.
- Prove that the nonpayment was willful and that the amount claimed is accurate.
- Request a writ of garnishment, which is served on the third party (employer or bank).
- Receive payments through garnishment, either in a lump sum or ongoing installments.
Florida law caps wage garnishment for child support at up to 65% of disposable earnings, depending on whether the paying parent is supporting other dependents and how far behind they are.
Garnishment of Bank Accounts
Bank account garnishment, also known as a levy, allows you to seize funds directly from the paying party’s checking or savings account. This is a more aggressive tool, usually used when wage garnishment is insufficient or unavailable—such as when the obligor is self-employed, underemployed, or working off the books.
To garnish a bank account, a Tampa divorce lawyer must:
- Obtain a court judgment confirming the arrears
- Serve a writ of garnishment on the financial institution
- Comply with statutory notice requirements to inform the obligor
- File the necessary court documents to finalize the garnishment and release the funds
Certain funds, such as Social Security income or veterans’ benefits, may be exempt from garnishment. A Tampa divorce lawyer will help you identify which assets can be lawfully targeted.
Federal and State Tax Refund Intercepts
Another useful tool is the interception of tax refunds. If the paying parent is significantly behind on child support, their state or federal tax refund can be seized and applied toward the arrears.
This process is handled through the Florida Department of Revenue (DOR) Child Support Program, and eligibility requirements apply. A Tampa divorce lawyer can help you enroll in the program or work with the DOR to initiate enforcement proceedings.
Other Enforcement Tools Available in Tampa
While garnishment is one of the most effective tools, it is not the only option available for collecting past-due support in Tampa custody and divorce cases. Florida law provides several additional remedies:
1. Driver’s License Suspension
Florida law allows the suspension of a delinquent parent’s driver’s license if they fall behind on support. This creates a strong incentive to resolve the arrears. A Tampa divorce lawyer can file the necessary paperwork or respond to enforcement actions if you are the party at risk of suspension.
2. Passport Denial
If the amount of past-due child support exceeds $2,500, the paying parent may be ineligible to obtain or renew a U.S. passport. This remedy is often used in high-dollar arrears cases involving international travel risk.
3. Liens on Property
The court may place a lien on the paying party’s real property, including their home or rental property. When the property is sold, the lien must be satisfied before the transaction can close.
4. Seizure of Personal Property
In extreme cases, the court may authorize the seizure of personal assets, such as vehicles, to satisfy a support debt. A Tampa divorce lawyer can petition the court for these orders when traditional methods have failed.
5. Contempt of Court
If the nonpayment is willful, the delinquent party can be held in civil contempt of court. Penalties can include:
- Fines
- Attorney’s fees
- Court costs
- Incarceration until a purge amount is paid
Contempt actions are serious and require due process. Your Tampa divorce lawyer will build a compelling case, ensure proper notice, and represent your interests at the hearing.
Using Florida’s Department of Revenue (DOR)
The Florida Department of Revenue offers support enforcement services, including:
- Locating noncustodial parents
- Establishing paternity
- Enforcing support orders
- Intercepting tax refunds
- Suspending licenses
- Reporting delinquencies to credit bureaus
While DOR services can be effective, they are often slower than private enforcement through a Tampa divorce lawyer. If your case is time-sensitive or high-value, pursuing enforcement through the court may yield faster results.
Documentation and Preparation
Before initiating garnishment or any enforcement action, it is critical to gather detailed documentation of the arrears. Your Tampa divorce lawyer will typically request:
- The final judgment or child support order
- A payment history from the Florida State Disbursement Unit (or other payment logs)
- Bank statements or proof of nonpayment
- Correspondence or texts from the paying party
- Prior motions, court dates, and compliance issues
Having complete records strengthens your case and reduces the risk of delay or dismissal.
Enforcing Alimony vs. Child Support
The enforcement tools described above apply to both child support and alimony, but there are some important differences:
- The Florida DOR does not assist with alimony collection—only child support.
- Alimony enforcement must be pursued privately through the court.
- Alimony garnishment may be limited by federal and state exemptions.
- Alimony arrears are subject to the same contempt rules, including possible jail time.
Whether you are collecting overdue alimony or child support, a Tampa divorce lawyer can tailor your enforcement strategy to maximize recovery and protect your rights.
Modifying Support While Enforcing Arrears
It’s important to understand that filing a motion to modify child support or alimony does not eliminate arrears already owed. Even if a judge lowers the monthly obligation due to a job loss or change in circumstances, the original unpaid amounts remain collectible.
That said, a Tampa divorce lawyer can help you pursue a simultaneous modification and enforcement strategy—seeking to reduce future payments while still pursuing past-due amounts with interest.
Defending Against Garnishment
If you are on the receiving end of a garnishment or enforcement action, you have legal rights. A Tampa divorce lawyer can help you challenge the enforcement if:
- You were not properly notified
- The amount claimed is incorrect
- The debt is disputed
- The garnished funds are exempt (e.g., disability benefits)
- You are unable to pay due to genuine hardship
You may also file a motion to set a purge amount or request a payment plan that reflects your current financial circumstances.
Interest on Past-Due Support
Florida law allows for interest to accrue on unpaid child support and alimony. The rate is set annually by the Chief Financial Officer of Florida and can significantly increase the total amount owed over time.
Interest is enforceable through garnishment and other legal remedies, and it must be specifically calculated and included in your motion. A Tampa divorce lawyer will help ensure interest is properly included and documented in all enforcement filings.
Settlement and Lump-Sum Agreements
In some cases, parties may resolve past-due support outside of court through a negotiated settlement. This may involve:
- A lump-sum payment
- A reduced arrears amount in exchange for immediate payment
- Waiver of interest in exchange for compliance
- Asset transfers to satisfy the debt
While these agreements can be beneficial, they should be memorialized in a court order to ensure enforceability. A Tampa divorce lawyer can draft the necessary documents and present them to the court for approval.
FAQ
Q: How far back can I collect unpaid child support in Florida?
A: There is no statute of limitations. You can collect all unpaid support, regardless of how old the arrears are.
Q: Can I garnish wages without a court order?
A: No. A Tampa divorce lawyer must obtain a court order to initiate wage or bank account garnishment unless an IWO is already in place.
Q: What happens if the parent moves out of state?
A: Florida can enforce its orders across state lines through the Uniform Interstate Family Support Act (UIFSA). Your lawyer can pursue interstate enforcement.
Q: Is child support still owed if the child turns 18?
A: Yes. Arrears owed at the time the child turns 18 are still enforceable and collectible until paid in full.
Q: Can I recover attorney’s fees for enforcement actions?
A: Often, yes. Courts may award fees if the other party is found in contempt or clearly failed to comply with a court order.
Q: Can support be collected from self-employed individuals?
A: Yes, though garnishment is more complex. Your Tampa divorce lawyer can pursue bank levies, liens, or asset seizures instead.
Q: Are stimulus payments or tax refunds subject to garnishment?
A: Yes, in many cases. These funds can be intercepted through the DOR for child support arrears.
Q: What if the paying parent files bankruptcy?
A: Child support and alimony are typically non-dischargeable debts. Bankruptcy will not eliminate the obligation to pay.
Q: Can I waive past-due support in exchange for other assets?
A: Possibly, but this should only be done with court approval. Consult a Tampa divorce lawyer to ensure enforceability.
Q: Do interest and penalties continue after enforcement starts?
A: Yes. Interest continues to accrue until the full amount is paid unless waived or modified by the court.
Unpaid child support and alimony can place an enormous burden on the receiving party and the children involved. Fortunately, Florida law offers powerful enforcement tools—especially garnishment—to ensure that court-ordered support is honored. Whether you need to pursue back payments, enforce a judgment, or defend against unfair enforcement, a knowledgeable Tampa divorce lawyer can help you take action. Don’t let unpaid support jeopardize your financial security or your child’s well-being. With the right legal strategy, you can recover what you’re owed and move forward with confidence.
The McKinney Law Group: Tampa Divorce Attorneys Who Handle the Details So You Can Focus on Healing
Divorce can be emotionally draining. At The McKinney Law Group, we take the legal burden off your shoulders so you can focus on rebuilding. Our team supports Tampa clients with hands-on, detail-focused legal services designed to protect every aspect of your life.
We help with:
✔ Thorough asset and liability analysis
✔ Ensuring you don’t overlook key property or benefits
✔ Drafting complete, enforceable settlement agreements
✔ Working with financial experts for complex estates
✔ Helping you transition into post-divorce life with confidence
Call 813-428-3400 or email [email protected] to get the support you need today.