Child support orders are legally binding obligations designed to ensure that both parents contribute to their child’s financial well-being. In Hillsborough County and across Florida, once a child support order is entered by the court, it carries the full weight of the law. But enforcement issues arise when the parent ordered to pay fails to meet those obligations. Whether due to willful nonpayment, job loss, or intentional evasion, unpaid child support can create significant financial hardship for the custodial parent and the child.
Fortunately, Florida law provides a variety of tools to enforce child support orders, including wage garnishment, driver’s license suspension, contempt proceedings, and even incarceration in extreme cases. Understanding these enforcement mechanisms is essential for any parent dealing with nonpayment, as is working with an experienced Tampa divorce lawyer who knows how to pursue or defend against enforcement actions effectively.
Understanding the Basics of Child Support Enforcement
Before discussing the enforcement process, it’s important to understand that child support in Florida is based on the Florida Child Support Guidelines. These guidelines use a formula based on each parent’s income, the number of children, health insurance, childcare costs, and the number of overnight stays each parent has with the child.
Once an order is entered by the court, it becomes legally enforceable. If payments are not made in full and on time, the owed amount becomes child support arrears, which can trigger enforcement actions. The court cannot forgive arrears unless the receiving parent agrees.
A skilled Tampa divorce lawyer can review your case to determine the extent of arrears and the best strategy for enforcement.
Common Reasons for Nonpayment
Parents fall behind on child support for a variety of reasons. Some common causes include:
- Job loss or underemployment
- Health problems or disability
- Incarceration
- Willful refusal to pay
- Disputes over visitation or custody
- Belief that the amount is unfair
While some of these reasons may be understandable, none excuse nonpayment. Child support obligations continue until a court modifies the order. A Tampa divorce lawyer can help determine whether the nonpaying parent is acting in bad faith or is facing legitimate financial hardship.
Florida Department of Revenue (DOR) vs. Private Enforcement
In Hillsborough County, child support may be enforced either by the Florida Department of Revenue (DOR) or through a private attorney. Each path has advantages and drawbacks.
Department of Revenue (DOR):
- Offers free enforcement services
- Handles large volumes of cases
- May take longer due to bureaucratic delays
- Less personalized attention to individual situations
Private Enforcement (via a Tampa divorce lawyer):
- Faster and more tailored service
- Ability to pursue contempt, modifications, and discovery more aggressively
- Higher upfront legal costs
Choosing private enforcement through a Tampa divorce lawyer is often the most efficient way to enforce unpaid support and secure compliance.
Methods of Enforcing Child Support in Hillsborough County
Florida courts offer a wide range of remedies for collecting past-due child support. Here are the most effective tools available:
- Income Withholding (Wage Garnishment) This is the most common method of enforcement. Employers are legally required to withhold child support from a parent’s paycheck and send it to the Florida State Disbursement Unit (SDU).
- Income Deduction Orders These are automatic orders entered along with the final judgment requiring income withholding. If a parent becomes delinquent, the deduction order is activated immediately.
- Contempt of Court If a parent willfully refuses to pay, the court can hold them in civil contempt, which can lead to:
- Jail time (until payment is made)
- Fines
- Payment of the other parent’s attorney’s fees
- Driver’s License Suspension Failure to pay can result in the suspension of the delinquent parent’s:
- Driver’s license
- Professional licenses (contractor, real estate, etc.)
- Recreational licenses (hunting, fishing)
- Intercepting Tax Refunds The Florida DOR can intercept federal and state tax refunds and apply them to unpaid child support.
- Seizing Bank Accounts Courts can issue writs of garnishment against bank accounts. Funds are frozen and transferred to satisfy arrears.
- Liens Against Property Liens can be placed on real estate or personal property. The parent cannot sell or refinance until the lien is satisfied.
- Credit Reporting Unpaid child support can be reported to credit agencies, negatively impacting the payor’s credit score.
- Passport Denial or Revocation Delinquent parents owing more than $2,500 may have their passport applications denied or existing passports revoked.
- Incarceration In extreme cases, especially where the nonpayment is willful and egregious, the court may impose jail time as a last resort.
Proving Willful Nonpayment
For contempt proceedings, the court must find that the nonpaying parent has the ability to pay but is choosing not to. This means you need to present evidence such as:
- Employment records
- Bank statements
- Tax returns
- Lifestyle indicators (spending habits, vacations, luxury purchases)
A Tampa divorce lawyer will use discovery tools like subpoenas and depositions to uncover hidden income and prove willful nonpayment.
Defending Against Enforcement Actions
A parent facing enforcement has the right to defend themselves. Common defenses include:
- Lack of income or job loss
- Serious health issues or disability
- Mistaken identity or clerical errors
- Lack of notice of the proceedings
Even with valid defenses, support obligations do not go away. In these cases, it may be appropriate to seek a modificationof the existing order.
A Tampa divorce lawyer can help prepare a strong defense and file a concurrent motion to reduce the support amount based on current circumstances.
Modifying Child Support Instead of Falling Behind
Parents who experience legitimate changes in circumstances should file for a modification as soon as possible. Courts do not retroactively reduce child support before the date of filing.
Filing quickly protects you from accumulating arrears and shows the court good faith. A Tampa divorce lawyer can act immediately to preserve your rights and seek a fair new support amount.
Enforcement of Out-of-State Orders in Hillsborough County
If the original child support order was issued in another state, Florida will still enforce it under the Uniform Interstate Family Support Act (UIFSA).
UIFSA allows:
- Registration of foreign orders in Florida courts
- Enforcement using Florida remedies
- Coordination between states for wage garnishment, contempt, and tax intercepts
A Tampa divorce lawyer can assist with registering an out-of-state order and initiating enforcement in Hillsborough County.
Back Child Support and Interest
Florida allows interest to accrue on unpaid child support at a statutory rate. Arrears continue to build until fully paid.
The receiving parent may also seek:
- A lump-sum judgment for the total owed
- Income deduction orders to collect arrears
- Contempt actions to compel payment
Judgments can remain enforceable for up to 20 years. A Tampa divorce lawyer will work to secure these remedies and ensure compliance.
Enforcement When the Child Is Over 18
If arrears exist when the child turns 18, enforcement may still proceed. The paying parent owes the full balance of unpaid support, plus any accrued interest.
The court can:
- Enter a judgment for past-due support
- Garnish wages and seize assets
- Suspend licenses or passports
The custodial parent must act promptly. Waiting too long may create issues of collectability.
FAQ
Q: Can I go to jail for not paying child support?
A: Yes. If the court finds you in willful contempt, it may order incarceration until you comply or purge the arrears.
Q: What if I lost my job and can’t pay?
A: File a modification request immediately. The court may reduce your support going forward but will not erase past due amounts.
Q: How long can unpaid child support be collected?
A: Up to 20 years after the child turns 18. Judgments for arrears remain enforceable for decades.
Q: Can I garnish my ex’s wages myself?
A: No. Wage garnishment must be ordered by the court or through the Florida Department of Revenue.
Q: Does remarriage affect child support enforcement?
A: No. Child support is a legal obligation owed to the child, not the ex-spouse.
Q: Can I stop visitation if my ex doesn’t pay support?
A: No. Time-sharing and support are separate issues. Denying visitation may backfire legally.
Q: Will enforcement show on their credit report?
A: Yes. Arrears may be reported to credit agencies and negatively impact the payor’s credit.
Q: What if my ex is self-employed and hides income?
A: A Tampa divorce lawyer can use subpoenas, depositions, and forensic accounting to uncover concealed earnings.
Q: Can we agree to settle past due support for less?
A: Possibly. The receiving parent must agree, and the court must approve the settlement.
Q: Do I need a lawyer to enforce child support?
A: It’s highly recommended. A Tampa divorce lawyer will pursue all available remedies efficiently and increase the likelihood of full recovery.
Enforcing child support is about more than collecting money—it’s about protecting your child’s right to be supported by both parents. Whether you’re owed years of unpaid support or struggling to meet your current obligation, Florida courts provide powerful enforcement and defense tools. But navigating those tools requires precision, planning, and persistence. A skilled Tampa divorce lawyer can take immediate action to recover what your child is owed, defend against unfair enforcement, or modify support before arrears spiral out of control. In Hillsborough County, enforcement is not a question of if—it’s a question of how and when. Make sure you have the right advocate by your side.
The McKinney Law Group: Experienced Tampa Divorce Attorneys for Contested Cases
Some divorces require a strong advocate. At The McKinney Law Group, we represent Tampa clients in contested divorce cases involving property, custody, and high-conflict situations. We protect your rights—and fight for the outcome you deserve.
We assist with:
✔ Aggressive litigation and trial preparation
✔ Disputes involving hidden assets or financial misconduct
✔ Contested custody and parental responsibility issues
✔ High-stakes support and property battles
✔ Courtroom advocacy backed by experience and results
Call 813-428-3400 or email [email protected] for strong representation when it matters most.