Can You Go to Jail for Failing to Pay Child Support In Florida?
During divorce or a separate dispute, the judge may issue a child support order. These orders are final and legally binding. If you have been ordered to pay child support, you have a legal obligation to pay it in full and on time. Child support orders are strictly enforced in Florida. If you fail to pay child support, you could face a number of penalties. In some situations, this does include jail time. Our Tampa child support modification attorney outlines more below.
Penalties for Failing to Pay Child Support
The majority of child support payments in Florida are paid through wage garnishment. This is an effective way to pay child support because the payments are taken from your wages before you even receive your paycheck. This can help you avoid the penalties associated with non-payment.
There are many penalties associated with failing to pay child support. While jail time is a possibility when someone has failed to make child support payments, there are other possible consequences, as well. These include:
- Suspension of your driver’s license
- Seizure of lottery winnings, tax funds, and other funds owed to you by the state
- Liens on your home, vehicle, or other property
- Reduced credit score if the delinquent payments are reported to the credit bureaus
If you fail to pay child support, a judge may find you in contempt of court. Typically, this only happens when a person has the funds to pay child support but still misses payments. The maximum jail sentence for contempt of court is up to six months.
Requesting a Child Support Modification
Family law in Florida allows you to modify your child support obligation in certain circumstances. Either parent can also petition the court for a modification. If you cannot pay child support because the payments are too high, you may be able to obtain a modification before you fall behind and face certain penalties. When asking for a modification, you must be able to prove the following three elements of your case:
- Substantial change: You must show there has been a substantial change that prevents you from paying child support. For example, if you have lost your job, that is a substantial change that could justify a child support modification.
- Permanent change: The change must be relatively permanent, meaning it will continue for at least one year. Temporary or short-term changes are not enough to prove a change of circumstances.
- Involuntary change: The substantial change must also be involuntary. For example, if you willingly quit your job, that is not enough to warrant a child support modification. On the other hand, you may obtain a change if you were laid off for a significant period of time.
Our Child Support Modification Attorney in Tampa Can Help
If you are struggling to pay child support, you need legal help. At All Family Law Group, P.A., our experienced Tampa child support modification attorney can help you prove the necessary elements of your case so payments are affordable and you do not face any penalties. Call us today at 813-672-1900 or contact us online to arrange a free consultation and to get the legal advice you need. Se Habla Espanol.
Source:
flsenate.gov/laws/statutes/2012/61.30
