It is every parent’s basic duty to provide for their child whether they live with the parent or not. In a divorce, the parent not living with the child usually pays the custodial parent child support to help take care of their child. When a noncustodial parent refuses to pay child support, sometime the custodial parent will ask the court or a state agency to help collect payments.
How to establish child support in Florida
Before you can enforce child support, you must have a child support order signed by a judge and filed with a court clerk’s office. To establish child support you can file a Petition for Support in the circuit court clerk’s office in the county you live in. Once the petition is filed, the court will set a hearing date where you will need to provide evidence of your income and your child’s financial needs. If you and the other parent agree to a monthly child support amount, the judge will sign the order and finalize the agreement. If you can’t agree, the judge will decide the amount.
How to enforce child support in Florida
Florida have very strict laws that ensure the noncustodial parent keeps up with child support payments. The first step in ensuring you get child support is to motion for Civil Contempt. Civil Contempt is used when a person violates a court order. Filing this motion lets the court know that you have a valid child support order and that the noncustodial parent is behind on the payments. An attorney can help you file a motion for Civil Contempt.
After your child’s other parent has been held in contempt for child support, the judge can order several remedies to help you collect overdue and future child support payments. These remedies range from payment plans to withholding paychecks from the noncustodial parent.
If you have any questions about enforcing child support in Florida, contact us here.