As long as you keep up with your payments toward any retroactive child support, the State of Florida will not take enforcement action against you. Child support debt does not disappear when the original support obligation terminates. The issue of child support can be handled in several different courts in Florida, either by itself, or as part of a separate family law case. Florida Statutes Regarding Child Support and Retroactive Child Support . In any child support modification case, it is essential to end up with a direct order to the Florida Disbursement Unit correcting child support arrears, and setting proper amounts going forward. The rate at which alimony and/or child support arrears are repaid is largely dependent on whether or not an income withholding order has been previously entered in the case. Be prepared to show the Court your income, your monthly expenses, and other extraordinary circumstances. The Florida Department of Revenue is the governmental entity designed to help you get the money you and your child are owed. If you are obligated to pay a child support arrears judgment, ask the Court to set a reasonable payment plan. If your child's non-custodial parent is behind in monthly child support payments, you have a lot of options when it comes to collecting that financial support. The State of Florida recognizes the difference between retroactive child support and child support arrears. Child support orders can shift many thousands of dollars from one hand to another. The Difference Between Retroactive Child Support & Child Support Arrears. Under Florida statute 61.30, child support is determined after considering all relevant factors. Therefore, child support can be enforced after the children emancipate, and even against the estate of the obligor after the death of the obligor. (b) In a Title IV-D case, if an obligation to pay current child support for multiple children is reduced due to the emancipation of one child and the obligor owes an arrearage, retroactive support, delinquency, or costs, the obligor shall continue to pay at the same rate in effect immediately prior to … So even though your son is an adult with his own family to support, you still owe money for the support you were obligated to pay when your son was a minor child. Further, there is no statute of limitations on the enforcement of child support and child support arrears. Before enforcing a child support order, review the state's laws as requirements may change. Florida Child Support Arrearage Laws. Ask the Court for Payments of Your Child Support Arrears. Child support arrears are past due child support that a noncustodial parent—or the parent without primary custody of the child—owes to the custodial parent. Article V, Sections 5 and 6 of the Florida Constitution grant the circuit and county courts jurisdiction to hear cases prescribed by general law. Florida's child support laws are strict so as to legally protect you and your child should an ex-spouse fail to make payments. The failure to take care of that step causes frequent problems. Child support arrears can build up quickly and take months or years to eliminate. Don't hesitate to reach out to the court, the FCSE, or an experienced attorney for help. Whether you’re trying to collect arrears or you owe it, you’ll need to understand how the process works before you can resolve the issue.
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