The parties can agree on child support or a court can order it, but either way, it is not possible for parents to waive this responsibility. When Payments Aren't Met, Child Support Arrears Begin to Build Up. Florida courts take child support seriously and have multiple means at their disposal to enforce this obligation. A Modification to Child Support Payments Does Not Forgive Delay in Child Support.
However, you should take a proactive approach rather than waiting for the court to schedule a contempt hearing. You may be able to develop an affordable payment program to catch up with child support arrears. It's a long-standing myth that once a child reaches the age of majority, turns 18, child support arrears, also known as “back child support,” cannot be collected. Florida law has no statute of limitations for collecting overdue child support.
In other words, there is no time limit in which a parent can request collection of child support arrears and the Florida Department of Revenue has the legal authority to search indefinitely for a parent to enforce child support arrears. A parent who is entitled to receive support payments for children who have been lost has the ability to request collection of that arrears of child support, even when the children related to the child support order have grown up. Florida does not have a debt commitment program or any procedure for waiving child support. The best thing to hope for is to ask the court to review your arrears on a case-by-case basis.
The only exception to the rule that arrears in child support can be enforced at any time arises when the debtor can prove fault or equitable impediment. If child support was established on the basis that both parents exercised substantial timeshare with the minor child or children and one parent stopped doing so, child support may be modified retroactively to the date the parent stopped using their timeshare. The Division of Child Support Services (DCSS) Reconciliation Program helps noncustodial parents who may have a large overdue balance in their child support case. In addition, if a parent requests a decrease in child support while unemployed and not seeking employment, the income can be imputed to that parent.
Child support is intended to enable the child to live a lifestyle that matches both parents' wealth and their collective ability to support their child (ren). The state established an administrative dispute resolution process through its Child Support Conference Boards to hear parents' requests to reduce the amount of arrears and make decisions based on individual circumstances. Therefore, as long as the custodial parent or child support agency wants to pay the arrears, the debt will not go away. Orlando Family Team's dedicated child support attorneys will help you get the child support you're owed.
The Child Support Compliance Division's Temporary Assistance Debt Commitment Program for Needy Families (TANF) is available to parents who owe TANF debt under. Learn about child support arrears and work on options to collect child support arrears without getting into trouble. If the parent with the least time spends at least 73 nights each year, then the amount of timeshare will be included in the child support calculation and will force an adjustment to the child support obligation. The Department of Child Support can accept offers of commitment from disputed claims and can grant partial or full cancellation of support arrears owed to the state.
There are several enforcement mechanisms for child support orders, including contempt of court, suspension of the debtor's driver's license, and placing a lien on the debtor's property. As always, the court will consider the application for the child support formula to the specific situation of the family. You can see that all states with a debt commitment program require timely and ongoing child support payments to the custodial parent. .