Can I Go to Jail for Not Paying Child Support?

If you are ordered to pay child support in Florida, you must pay it on time and in full. In Florida, child support orders are strictly enforced. Failing to pay child support could result in numerous penalties, including jail time in some situations.

What Happens if You Don’t Pay Child Support in Florida?

Most child support payments in Florida are paid by wage garnishment (i.e., Income Deduction Order). Wage garnishment is an effective way to collect child support because the payments are deducted directly from the payor’s wages before they receive their paycheck.

Parents who have a child support order can register with the State Disbursement Unit. The state takes enforcement action if the payments are not made according to the child support order.

Failure to pay child support could result in several penalties. However, incarceration is not the only penalty that the courts and the state use to enforce child support obligations.

Penalties for unpaid child support in Florida include:

  • Driver’s license suspension
  • Seizure of tax refunds, lottery winnings, or other money owed to you by the state
  • Liens on your cars and other property
  • Report delinquent child support to credit bureaus

If you do not pay your child support, you could be found in contempt of court. The court only holds people in contempt if it determines they could pay their child support but refuses to pay it. A judge may sentence someone to jail for up to five months and 29 days for contempt of court.

Asking for a Modification of Child Support in Orlando, FL

Florida family laws allow child support modifications for a substantial change in circumstances. Either parent may petition the court for a change in child support. If child support payments are too high, you might be able to reduce them before you fall behind on payments.

You are required to prove a substantial, permanent, and involuntary change that justifies modifying child support payments.

Substantial Change

A substantial change means that the amount of child support payments would change by the greater of 15% or $50 if it has been less than three years since the court issued the support order. If it has been more than three years since the court issued the support order, a substantial change is the greater than 10% or $25.

Permanent Change

A permanent change lasts more than one year. Short-term or temporary changes are insufficient to prove a change of circumstances, and they must also be involuntary.

Involuntary Change

Intentional acts to avoid child support are not reasons for modifying support orders. For example, intentionally taking a lower-paying job is not a substantial change in circumstances because it was not involuntary. There are very few ways to legally avoid paying child support.

Reasons for Modifying Child Support Payments

There are many reasons why someone would petition to modify child support. Changes in income are the most common reason for modifying child support.

In addition to changes in income, a change in parenting time may result in a modification of child support. A parent’s time with a child is a factor in calculating child support. Therefore, when a child begins spending substantially more time with the paying parent, it could impact the amount of child support payments.

A change in child-related expenses could also result in a modification order. Costs that might justify a change in child support include childcare, education, and healthcare costs.

You may also petition the court to modify child support if you are ordered to pay child support for another child. Courts consider child support payments to another person as a valid deduction from income. Therefore, a new child support order for another child could result in a decrease in your other child support amount.

How Do I File a Petition to Modify Child Support?

The process for petitioning for a judgment modification varies by county. In general, you must file a petition to modify child support and serve a copy of the petition on your child’s other parent. The petition should include details about the change in circumstances and how that justifies a modification. Both parents must file a financial disclosure with the court.

Cases involving the Florida Department of Revenue may be more complicated than other cases. Regardless of how your child support is paid, seeking legal counsel for help with a petition to modify child support is wise. An attorney understands what is necessary to prove a substantial change in circumstances.

Contact Our Child Support Law Firm in Orlando, FL

Contact the experienced Orlando child support lawyers at McMichen, Cinami & Demps today for legal assistance. Contact our Orlando, FL office at (407) 898-2161 to schedule a free consultation.

McMichen, Cinami & Demps – Orlando Office
1500 E Concord St
Orlando, FL 32803