Child support orders are essential tools for ensuring that children receive the financial support they need to thrive after a divorce or separation. When one parent refuses to pay or falls behind, it can leave the other parent—and the child—in a difficult financial position. Fortunately, Florida law provides a variety of enforcement tools to address non-payment and help families get back on track. If you’re struggling with child support enforcement in the Tampa Bay area, a skilled Tampa divorce lawyer can be an essential ally in navigating the legal system and protecting your child’s best interests.
This blog will explain the enforcement process in detail, the tools available under Florida law, and what to expect if you’re seeking to hold a non-paying parent accountable in Tampa. Whether you’re dealing with a parent who is months behind or simply preparing for potential future challenges, understanding your rights and options is critical.
What Is a Child Support Order?
A child support order is a legally binding court directive that specifies how much one parent must pay to the other for the care and support of their child. These orders are typically established during a divorce, paternity action, or custody case and are based on the Florida Child Support Guidelines. The amount is calculated using a formula that considers the incomes of both parents, the number of overnights the child spends with each parent, health insurance costs, daycare expenses, and other relevant factors.
Once an order is in place, both parents are legally obligated to comply. When one parent does not meet their obligation, enforcement becomes necessary.
Why Enforcement Might Be Necessary
Unfortunately, some parents fall behind on their obligations, either intentionally or due to financial hardship. Common reasons why enforcement may be needed include:
- The paying parent has stopped making payments altogether
- The paying parent is only making partial payments
- Payments are inconsistent or sporadic
- The parent has changed jobs or moved and is no longer easy to locate
- There is a dispute about whether a certain expense is covered under the order
Regardless of the cause, failure to pay child support is a serious matter under Florida law. Enforcement actions are designed to ensure that support is paid promptly and in full, and courts have a wide range of remedies to accomplish this.
Who Can Enforce a Child Support Order in Tampa?
There are two primary pathways to enforce a child support order in Tampa:
- The Florida Department of Revenue (DOR) – The DOR Child Support Program assists custodial parents in enforcing support orders at no cost. They can take administrative actions, intercept tax refunds, suspend licenses, and pursue court enforcement if needed.
- Private Legal Action – You can work directly with a Tampa divorce lawyer to file a motion for enforcement or contempt with the court. This is often faster and more aggressive than waiting for state enforcement, particularly in high-conflict or complex cases.
In either case, the goal is the same: to obtain the support your child is entitled to under the court order.
What Legal Tools Are Available to Enforce Child Support?
Florida courts and agencies have multiple enforcement tools at their disposal. The specific method used may depend on how much is owed, the non-paying parent’s circumstances, and how long the support has been delinquent.
1. Income Withholding Orders (Wage Garnishment)
Most child support orders in Florida include automatic wage garnishment. This means the support amount is deducted directly from the paying parent’s paycheck. If the parent changes jobs, it is their responsibility to notify the employer and court. If garnishment is not already in place, a Tampa divorce lawyer can file for an Income Deduction Order to begin the process.
2. Contempt of Court Proceedings
A powerful tool in child support enforcement is the motion for civil contempt. If a parent has the ability to pay but refuses to do so, the court can find them in contempt. This can lead to:
- Fines
- Attorney’s fees
- Jail time until the parent “purges” the contempt by paying a specified amount
Contempt actions send a strong message that support orders must be obeyed. A Tampa divorce lawyer can represent you in these proceedings to present evidence and ensure the court takes appropriate action.
3. License Suspensions
The Florida Department of Revenue has authority to suspend various licenses when support is unpaid, including:
- Driver’s licenses
- Professional licenses
- Business licenses
- Hunting and fishing licenses
Suspension notices are sent out when the parent is significantly behind. They can only restore their license once a payment plan is established or the arrears are resolved.
4. Tax Refund Intercepts
Federal and state tax refunds can be intercepted to pay past-due child support. This is usually coordinated by the DOR, but can also be pursued in private enforcement actions.
5. Liens and Property Seizure
If the non-paying parent owns real estate or valuable personal property, a lien can be placed against those assets. In some cases, the court may authorize seizure and sale of the property to pay arrears.
6. Bank Account Garnishment
A Tampa divorce lawyer can also request a writ of garnishment to seize funds from the non-paying parent’s bank account. This can be an effective remedy when wages aren’t easily accessible or the parent is self-employed.
7. Credit Reporting
Unpaid child support can be reported to credit bureaus, which can negatively affect the parent’s credit score. This method adds pressure to pay but may not result in immediate payment.
8. Passport Denial
If the parent owes more than $2,500 in past-due support, they may be denied a U.S. passport. This is particularly relevant in cases involving international travel or relocation.
What If the Parent Lives Outside of Florida?
Interstate child support enforcement is governed by the Uniform Interstate Family Support Act (UIFSA). If the non-paying parent lives in another state, your Tampa divorce lawyer can register the Florida order in that state and pursue enforcement there. The Florida DOR may also assist with this process through interstate cooperation.
Even international enforcement may be possible if the country has a reciprocal agreement with the U.S.
How Long Can You Enforce a Child Support Order?
Under Florida law, child support arrears are enforceable until they are paid in full. There is no statute of limitations that erases unpaid support. Even after the child reaches adulthood, the parent can still pursue collection on the arrears through court or administrative action.
Proving Non-Payment
To succeed in an enforcement action, you will need clear evidence of non-payment. This includes:
- A copy of the court order
- A payment history (often obtained from the clerk of court or the DOR)
- Bank records or receipts
- Communication records showing refusal to pay
A Tampa divorce lawyer can help gather and organize this documentation to build a strong case for the judge.
What to Expect in Court
When you pursue court enforcement, your case will typically proceed as follows:
- Filing a Motion for Contempt or Enforcement – Your attorney files a motion outlining the missed payments and asking the court to compel compliance.
- Scheduling a Hearing – The court schedules a hearing and provides notice to the non-paying parent.
- Presenting Evidence – At the hearing, each side can present evidence. The judge will determine whether the failure to pay was willful.
- Court Orders – If the judge finds the parent in contempt, they may order immediate payment, create a payment plan, and/or impose penalties.
- Continued Monitoring – Follow-up hearings may be scheduled to ensure compliance.
Avoiding Mistakes During Enforcement
Parents seeking enforcement sometimes make critical errors that can delay or weaken their case. Common mistakes include:
- Failing to keep records of payments and communications
- Relying solely on informal agreements instead of enforcing the court order
- Waiting too long to act
- Assuming the DOR is handling everything without checking status
Working with a Tampa divorce lawyer helps ensure a focused, strategic approach to enforcement that avoids these pitfalls and prioritizes results.
What If You’re the One Struggling to Pay?
If you are the parent obligated to pay support and are experiencing a legitimate financial hardship, ignoring the order is never the answer. Instead, you can:
- Request a Modification – If your income has substantially changed due to job loss, illness, or other reasons, you may qualify for a modification of the support amount.
- Work with the Court or DOR – Some flexibility may be available through payment plans or settlement of arrears.
- Avoid Contempt – Staying proactive and transparent with the court will help avoid the harshest enforcement actions.
A Tampa divorce lawyer can also assist parents who are struggling to meet their obligations by helping them file a modification motion or negotiate payment terms.
FAQs
Q: How much back child support do you need to owe before enforcement begins in Tampa?
A: There’s no minimum amount required for enforcement. Even one missed payment can trigger action. However, most formal enforcement efforts begin when the parent is at least 15 days late or behind by a full month.
Q: Can child support enforcement lead to jail time in Florida?
A: Yes. If the court finds that the non-paying parent has the ability to pay but is refusing, the judge can order incarceration until a purge payment is made.
Q: Can I enforce child support without going to court?
A: Yes. Administrative actions through the Department of Revenue can proceed without court hearings. However, court enforcement is often faster and more effective, especially with legal representation.
Q: What happens to interest on unpaid child support in Florida?
A: Florida law allows for interest on past-due support at a statutory rate. This interest continues to accrue until the arrears are fully paid, increasing the total owed.
Q: Can I enforce child support if the other parent is self-employed or works under the table?
A: Yes, but it can be more complicated. Your Tampa divorce lawyer can use discovery tools like subpoenas, depositions, and bank record analysis to prove income and pursue enforcement.
Q: Will the court automatically update support orders as income changes?
A: No. It is up to the parent to request a modification if circumstances change. Until the order is formally modified by the court, the existing amount remains enforceable.
Q: Can I garnish unemployment or Social Security for unpaid child support?
A: In many cases, yes. Certain government benefits like unemployment and Social Security (excluding SSI) can be garnished to satisfy child support obligations.
Q: How long does child support enforcement take in Tampa?
A: It depends on the enforcement method. DOR actions can take weeks to months, while court enforcement through a Tampa divorce lawyer may move more quickly but depends on court availability.
Q: Can child support be enforced after the child turns 18?
A: Yes. Unpaid arrears remain enforceable until paid in full, even if the child has reached the age of majority.
Q: What role does a Tampa divorce lawyer play in child support enforcement?
A: A Tampa divorce lawyer can provide personalized legal strategy, file court motions, represent you in hearings, negotiate payment plans, and pursue aggressive remedies to get you the support your child is owed.
Enforcing a child support order in Tampa is more than just a legal process—it’s a crucial step in protecting your child’s financial stability and well-being. Whether you choose to work with the Department of Revenue or pursue private enforcement with the help of a Tampa divorce lawyer, knowing your rights and acting promptly is key. Don’t let unpaid child support go unaddressed—take action today to ensure your family receives the support it’s entitled to under the law.
The McKinney Law Group: Divorce Solutions in Tampa That Protect What You’ve Built
At The McKinney Law Group, we help Tampa clients protect the life they’ve worked hard to build. Whether your case involves a family business, retirement accounts, or long-term investments, we’ll guide you through every financial and emotional decision with strength and strategy.
We assist with:
✔ Property division, including businesses and investment portfolios
✔ Spousal support agreements customized to your needs
✔ Parenting plans that put your children first
✔ Collaborative or contested divorce representation
✔ Post-divorce modifications when life changes
Call 813-428-3400 or email [email protected] to schedule your confidential Tampa divorce consultation.