Paulette Hamilton | March 11, 2025 | Child Custody Cases in Orlando
Florida penalties for nonpayment of child support start early, and they get progressively more severe if you fail to comply. The conventional wisdom is that “debtor’s prisons” are a relic of our medieval past, but that is not exactly true. In an extreme case, you could go to prison for nonpayment of child support. Although in most cases lesser penalties apply, these penalties can also be painful and expensive.
The “Best Interests of the Child” Standard
Florida courts, like courts throughout the United States, apply one overriding principle to child support and child custody determinations: the best interests of the child. The best interests of the child take precedence over the best interests of the parents.
What that means in practice is that you are expected to go hungry if that is what it takes to prevent your children from going hungry. Family courts are not very sympathetic to an “I can’t afford it” defense.
Florida’s Progressive Penalties
Below is a listing of some of the penalties you might face if you fail to pay child support on time:
- If you are late 15 days on a payment, the court will send you a Notice of Delinquency.
- After five more days of delinquency, the court can place liens against your property. The court could use these liens to seize your car, your house, and the contents of your bank account, among other assets.
- If the delinquency continues, the court might assess fines against you. These fines can become progressively more severe as the length of your delinquency increases.
Interest charges will gradually accumulate on the total debt you owe.
Misdemeanor Child Support Delinquency in Florida
Florida can charge you with misdemeanor child support delinquency for repeated or willful failure to comply with court-ordered child support payments if the total delinquent amount is less than $2,500.
Willful failure to comply, characterized as contempt of court, can result in misdemeanor charges even if the period of delinquency is less than four months. Misdemeanor child support delinquency can result in a jail term of up to a year, but this is typically a last resort.
Felony Child Support Delinquency in Florida
You can face felony child support delinquency charges under any of the following circumstances:
- Your delinquency has continued for at least four months, and you owe at least $2,500;
- You are convicted of a second offense of nonpayment of child support; or
- You try to leave Florida to avoid child support payments.
Florida can charge you with a felony if you commit any one of the foregoing offenses—you don’t have to commit all of them. If a court convicts you, you could spend up to five years in prison.
Ways To Avoid or Minimize Penalties
Below are descriptions of three ways to avoid or minimize penalties for unpaid child support:
- Pay as much as you can, even if it is not all that you owe. This strategy might lessen your penalty.
- Ask for a modification of your child support obligations. If you were married to the other parent, the family court probably determined these obligations at the time of your divorce. Even if you are successful, however, you will remain liable for past obligations.
- Prove through DNA testing that you are not the biological parent of the child. This strategy normally applies only to fathers. If you are successful, the court will terminate your child support obligations and may even apply the termination retroactively (to payments you have already made).
Your lawyer might discover additional ways to mitigate your obligations and penalties.
Don’t Try To Represent Yourself in a Child Support Delinquency Case
Child support delinquency cases can be complex and difficult to win. The stakes are high for both you and your child. Even if the court has not yet taken enforcement action against you, you probably need some sound legal advice. Contact an experienced child support attorney to learn about your legal rights and options.
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