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Clearwater Divorce Lawyer (Based on 36 Reviews)
727-683-1472 801 West Bay Drive, Suite 713
Largo, FL 33770
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What Happens if I Miss a Child Support Payment?

ChildSupportGavel

Child support awards are legally binding court orders, which means that parents must always comply with their terms. This means that missing even a single child support payment can come with significant legal repercussions. The severity of those consequences will, however, depend on a variety of factors, including the parent’s payment history, attitude, and the reason for the missing payment.

Interest Charges 

In Florida, parents who miss child support payments, or who pay them late, can expect the court to impose interest charges on the unpaid amounts. These interest charges will be applied to the missed payment and will compound the debt owed over time, which can make it difficult for parents to catch up.

Wage Garnishment 

Besides compounding interest charges, the Florida Department of Revenue can also enforce child support payments by garnishing the non-paying parent’s paycheck. This is achieved by reaching out to the parent’s employer directly, ordering that company to deduct a certain amount directly from the parent’s paycheck every month.

Liens and Account Freezing 

When a parent owes more than $600 in child support payments, the Child Support Program can also place a lien on the non-paying parent’s assets, including motor vehicles. Before taking this step, the program will assess the value of the property in question and won’t place a lien on any asset with a value of less than $2,500. Notice of the lien will be sent by certified mail to the parent who owes support. The parent then has 60 days to:

  • Pay the past due amount in full;
  • Sign a payment agreement with the Child Support Program to make payments over time; or
  • Contest the state’s action by filing a claim in circuit court.

License Suspension

 Besides financial consequences, parents who miss a child support payment could also face the suspension of their driver’s and professional licenses. Parents who receive notice of such a suspension have 20 days (for a driver’s license) to pay the past due amount, request a payment agreement, or contest the notice with the Child Support Program. An extra ten days are given to parents who receive notice of the imminent suspension of their business, professional, or recreational licenses.

Proactive Steps You Can Take 

The worst penalties for non payment are usually only imposed after multiple missed payments. Those who have only missed one payment, on the other hand, can take some proactive steps to avoid the more serious penalties, including:

  • Reaching out to the relevant authorities and explaining their circumstances, providing evidence of financial hardship or unexpected unemployment;
  • Asking the Child Support Program to review their payment plan, being prepared to show proof of current financial status;
  • Petitioning the court for modification of their child support obligation based on a substantial change in financial situation.

For help taking these steps, please reach out to our legal team today.

Talk to Our Experienced Clearwater Child Support Modification Lawyers

If you are anticipating a missed child support payment, or your co-parent is refusing to pay, you could benefit from the assistance of an experienced Clearwater child support modification lawyer. Call us at Cairns Law to get started on your case today.

Sources: 

floridarevenue.com/childsupport/compliance/Pages/personal_property_liens.aspx#

floridarevenue.com/childsupport/compliance/Pages/suspension_actions.aspx

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