Child support is an essential legal obligation that parents have towards their children. In Florida, parents can seek child support orders from the court to ensure that their children’s financial needs are met. However, sometimes, parents may experience problems with enforcing child support orders. This article will provide detailed information on how to enforce child support orders in Florida.
Understanding Child Support Orders in Florida
A child support order is a legal document issued by a court that requires one parent to pay a specific amount to the other parent to provide financial support for their children. The amount of child support that a parent is required to pay is determined by several factors, such as the child’s age, the parents’ income, and the child’s needs.
In Florida, child support orders are usually issued as part of a divorce or paternity case. The order will specify the amount of child support that the non-custodial parent must pay, and the frequency of payments. The non-custodial parent is the parent who has less time with the children than the other parent.
Common Problems with Enforcing Child Support Orders
Even with a child support order in place, some parents may refuse to pay or may stop making payments. This can be frustrating for the other parent who depends on the child support to provide for their children. Enforcing child support orders can be difficult, but it is possible with the right legal assistance.
Some common problems with enforcing child support orders in Florida include:
- Non-payment or late payment of child support
- Bankruptcy
- Unemployment or underemployment
- Changes in income
- Relocation
Steps to Enforce Child Support Orders in Florida
Here are the steps that a parent can take to enforce a child support order in Florida:
1. File a Motion for Contempt or Motion for Enforcement
If the other parent has failed to pay child support as ordered, the custodial parent can file a Motion for Contempt or a Motion for Enforcement with the court. These motions ask the court to enforce the child support order.
2. Obtain a Writ of Garnishment
A Writ of Garnishment is a court order that directs an employer or a financial institution to withhold money from the non-custodial parent’s paycheck or bank account to pay child support. This can be an effective way to enforce a child support order if the other parent is employed or has assets.
3. Seek a Judgment Lien
A judgment lien is a legal claim against the non-custodial parent’s property to secure payment of child support. This can be an effective way to enforce a child support order if the other parent owns property.
4. Work with the Department of Revenue
The Florida Department of Revenue (DOR) is responsible for enforcing child support orders in Florida. If the non-custodial parent is not complying with a child support order, the custodial parent can ask the DOR to assist with enforcement.
5. Hire an Attorney
Enforcing child support orders can be a complex legal process, and it is often helpful to have an experienced child support attorney on your side. An attorney can help you navigate the legal system and ensure that your rights as a parent are protected.
Conclusion
Enforcing child support orders in Florida can be challenging, but it is essential to ensure that children receive the financial support they need. If you are having problems enforcing a child support order, it is important to take action and seek legal assistance. By working with an experienced attorney and familiarizing yourself with the legal process, you can ensure that your rights as a parent are protected and that your children’s financial needs are met.