A florida child support order is a legal document that requires one parent to pay money to help support their child. When parents separate or divorce, Florida law ensures children continue receiving financial support from both parents. This guide explains how to get a child support order, what happens when payments aren't made, and how the department of revenue helps collect child support payments.
Types of Child Support Orders in Florida
There are three main ways child support orders are established in Florida.
Court-Issued Child Support Order
The most traditional path is through a court-issued child support order, typically during a divorce, paternity case, or a legal modification. A family law judge sets the support amount after reviewing both parents’ financial situations and parenting time arrangements. Judges can follow state guidelines or, when justified, make exceptions for special circumstances.
Administrative Child Support Order
A faster alternative is the administrative child support order handled by the Florida Department of Revenue. This option doesn’t involve a court hearing and is often used when parents aren’t married or when families are receiving public benefits. These orders have the same legal power as court-issued ones and are typically resolved quicker.
Title Iv-D Child Support Orders
Then there are Title IV-D child support orders, created under a federal program that automatically steps in when families receive government assistance such as Medicaid or TANF. The DOR takes responsibility for establishing and enforcing these orders using special tools like automatic wage garnishment or tax refund intercepts.
Establishing a Florida Child Support Order
To begin the child support process, Florida must have the legal authority, called jurisdiction, to handle the case. This usually happens when the child lives in Florida, one parent resides in the state, or both parents agree to let Florida manage the matter. If parents live in different states, jurisdiction gets more complex and may involve cooperation between states under federal laws.
Once jurisdiction is confirmed, both parents are required to submit financial information. This includes income, expenses, assets, and liabilities. Parents earning under $50,000 a year must complete the Financial Affidavit Short Form (Form 902b), while those making more must use the Long Form (Form 902c). These forms help determine how much each parent should contribute toward the child's needs.
The Child Support Guidelines Worksheet is used to calculate the actual payment amount. It considers the income of both parents, the time each parent spends with the child, costs of health insurance, daycare, and other child-related expenses. Florida uses a standard formula, but courts can adjust the amount in special circumstances.
Before a final order is made, the other parent must receive formal notice, called service of process. This ensures both parents are aware of the case and have a chance to respond. Service can be completed in person, by certified mail, or even by public notice if one parent cannot be found.
If the case is handled in court, both parents may attend a hearing where a judge reviews all the documentation, hears testimony, and makes a decision. In administrative cases, the Florida Department of Revenue may complete the process without a hearing unless one of the parents requests it.
Enforcing Child Support in Florida
Once a support order is in place, Florida has several enforcement tools to make sure payments are made on time. The Florida Department of Revenue (DOR) is primarily responsible for enforcement and can assist in both court-ordered and administrative cases.
Income withholding is the most common method. The DOR sends an order to the paying parent's employer, requiring child support payments to be deducted directly from their paycheck. This ensures steady, reliable payments.
If the parent is self-employed or unemployed, other enforcement methods come into play. The DOR can freeze bank accounts, place liens on property, and intercept federal or state tax refunds. If past-due support reaches $2,500 or more, the paying parent’s passport may be denied until the debt is resolved.
In addition, the DOR can report missed payments to credit bureaus, negatively impacting the parent’s credit score. They also have the authority to suspend driver’s licenses, vehicle registrations, and professional licenses, which can interfere with daily life and work.
The Role of County Clerk Offices
Local county clerk offices work closely with the DOR to process child support cases. They handle official records, payment processing, and help enforce orders. For instance, the Orange County Clerk’s Office processes payments, sends delinquency notices, and manages license suspension procedures. Similarly, the Lake County Clerk’s Office handles central payment processing, court support, and lien filings.
If a parent misses a payment by 15 days, a delinquency notice is automatically generated and sent. The parent then has another 15 days to pay or respond. If they don’t, the clerk’s office can issue a judgment for the overdue amount, which may appear on credit reports and lead to further enforcement actions.
Even in cases not handled by the DOR, receiving parents can ask the clerk’s office to help enforce orders, such as by requesting license suspension if payments are 15 days late.
Enforcement Across State Lines
Child support orders don’t stop at state borders. Under the Uniform Interstate Family Support Act (UIFSA), Florida can enforce orders from other states, and other states must honor Florida’s orders. This ensures children receive support no matter where the parents live.
To enforce an out-of-state order in Florida, it must be registered with a Florida court or administrative agency. Once registered, it’s treated like a Florida order and can be enforced using the same tools, like income withholding or property liens.
If changes need to be made to an out-of-state order, the original state usually keeps authority unless both parents move and agree to a new jurisdiction. This helps prevent legal disputes over which court has control.