Yes, parents of children are required to pay child support in Florida. The Florida Office of Child Support Enforcement (OCSE) is administered by the Department of Revenue in 65 counties.
Tasks that are performed by this program include:
- Establishing paternity;
- Obtaining child support orders;
- Enforcing child support orders;
- Receiving and distributing child support payments.
The OCSE administers Florida’s child support laws. This ensures that children receive the financial support that they need when it does not come from one or both of their parents.
The federal government requires that every state operate a child support enforcement program as a condition of receiving the Temporary Assistance for Needy Families (TANF) federal block grant. The program collects child support for two types of families, including those who receive public assistance, such as temporary cash assistance, Medicaid, and food assistance, and those who do not but who can request the state to help obtain child support.
If an individual has any questions regarding Florida child support, they should consult with a local attorney in Florida.
Why Is Child Support Required?
The goal of child support is to provide for a child even if that child does not reside with both parents. Raising children is expensive, and both parents are financially responsible for their children.
Child support is a requirement to ensure that both of the parents meet their financial obligations to the child. These payments are intended to cover the costs associated with raising a child, including, but not limited to:
- Food;
- Shelter;
- Clothing;
- Medical care and other health-related expenses;
- Educational expenses.
Mandatory child support is assistance that is required by law to ensure that non-custodial parents are contributing to their children’s needs. The parent who is required to pay cannot refuse to accept child support payments that a court orders.
Who Is Required to Pay Child Support?
In the State of Florida, there are numerous factors that are examined when determining which parent is eligible for child support and how much child support the parent will owe, including:
- The amount of time each of the parents spends with their child;
- How much money each parent earns;
- Costs that are already covered by each parent.
In general, the more time a parent spends with their child, the less likely they are to be asked to pay child support. Although one parent may earn significantly more money than the other, a court may still order child support to be paid even if the parents share time with the children equally.
How Do I File for Child Support?
If an individual is involved in a Florida divorce or legal separation, child support will be calculated and ordered by the court handling the case. An individual can apply for an initial child support order at the Office of Child Support Enforcement (OCSE).
An applicant will complete the forms, including their personal information, Social Security Number, and contact information. There will also be documents required showing employment and monthly income.
These documents will be filed with the clerk of courts, and the parties will receive a case number. Paternity has to be established before any child support order is filed.
If the parents were married at the time of the birth of the child, paternity would be presumed by the husband. If, however, the husband is not the father of the child, the mother or biological father will have to go to court to show otherwise.
In addition, if the child’s parents were not married when the child was born but later married, paternity will be established at the time of the subsequent marriage. If the parents involved in the dispute were not married at the time of the child’s birth and did not subsequently marry, paternity has to be established before filing a child support order.
Paternity may be confirmed by the father’s consent or by a court-ordered genetic test or DNA test. If the father does not contest that he is the father, he can agree to his name being put on the birth certificate, and a consent order will be approved by the court, establishing paternity.
If the alleged father contests paternity, the court will conduct mandatory DNA testing. After the genetic test results, the court will establish the biological father as the legal father, and then the mother can claim a child support obligation, including retroactive payments.
It is important to note that parents who are filing for dissolution of marriage with minor children or who are involved in a child custody battle will simultaneously initiate a child support case. In Florida, all parents of minor children will be required to attend a parenting class, which involves major issues related to divorce involving children, including child support, before continuing with the finalization.
How Is Child Support Calculated?
There may be different ways that are used to calculate child support in Florida. One option is a software called Custody X Change, which can be used to calculate child support to see if it was estimated incorrectly.
If the parties go to trial, the court will determine child support using the standard formula in Florida as well as considering special circumstances or deviation requests. If the parties settle on an amount, the court has to approve the child support agreement.
A court is more likely to approve if the parties follow the standard formula. The parties can use the child support calculator to calculate child support and estimate their payment amount using Florida’s standard formula.
Does Florida Enforce Out-of-State Child Support?
Yes, if a child support order comes from a court in another state, the Florida Department of Revenue can enforce the order as though it came from a Florida court.
What Happens if I Don’t Pay Child Support?
If an individual refuses to pay child support, they can face harsh penalties, which may include:
- Suspended driver’s, commercial, or recreational licenses(s);
- Having your nonpayment reported to credit agencies;
- Liens imposed on your property;
- Garnishment of your wages, tax returns, and any Florida lottery wins over $600.
What Can the Other Parent Do if I Refuse to Pay Child Support?
A parent can pursue outstanding child support payments through the Florida Department of Revenue. Depending on the facts of the case, the Florida Department of Revenue may be able to use any of the penalties above to either directly obtain the money or pressure the parent into paying any outstanding child support payments they may owe.
Even if a parent was not previously unable to pay, the court may order them to pay retroactive child support in addition to their current payments.
How Do I Get Out of Paying Child Support?
There are several options for terminating child support responsibilities. An individual’s financial situation or custody arrangements might change, or the individual might have reason to doubt that they are the biological father liable for payments. If this is the case, they can file a modification action or request that child support be terminated.
In order to do so, the individual has to file a modification action to change physical custody, amend or suspend child support, or contest paternity. It is important for an individual not to discontinue paying child support on their own without first obtaining court permission to do so.
If a court places an individual in contempt of court for failure to pay child support, they may face jail time if they stop making payments without first obtaining approval from the court.
What Are Some Other Child Support Considerations?
A court may consider any relevant information when determining a parent’s support duty. A court will typically begin by examining each parent’s gross income in addition to:
- Taxes;
- Social security deductions;
- Healthcare payments;
- Union dues;
- Mandatory professional license fees;
- Other child support obligations.
A court may also consider issues outside of income, such as weighing a parent’s ability to earn against their actual wages. In some cases, a non-custodial parent may be required to pay based on a larger income in order to keep them from purposefully remaining unemployed to reduce their support obligation.
Where Can I Find a Good Lawyer?
If you need help obtaining child support in Florida, it is essential to consult with a Florida child support lawyer. Your lawyer can help you obtain child support either through the court or through the proper department in the state.
It can be complicated to determine the proper child support amount. Your lawyer can help you establish or modify a child support agreement and help ensure the amount is proper.
