Overview of Florida Enforcement Authority
Florida has one of the most comprehensive child support enforcement systems in the United States. Under Florida Statute § 61.13, the state provides multiple tools to ensure parents meet their financial obligations to their children.
The Florida Department of Revenue Child Support Program serves as the state's Title IV-D agency, providing enforcement services to families at no cost.
1. Income Withholding (Immediate and Mandatory)
Under F.S. § 61.1301, income withholding is immediate and mandatory for all child support orders entered or modified on or after January 1, 1995.
Automatic Deduction
Support is deducted directly from the obligor's paycheck or other income source (unemployment, workers' comp, etc.)
Employer Cooperation Required
Employers must comply with Income Withholding Orders (IWO) and remit payments to the State Disbursement Unit
Federal Limits Apply
Maximum withholding: 50% of disposable income (if supporting another family) or 60% (if not), plus 5% if arrears exceed 12 weeks
The State Disbursement Unit (SDU) processes all payments and maintains payment records. This centralized system ensures accurate tracking and timely distribution to custodial parents.
2. License Suspensions
Under F.S. § 409.2598, the Department of Revenue may suspend various licenses for delinquent child support:
Suspended for delinquency equivalent to 3+ months of support. 30-day notice provided. Can be avoided by entering a payment plan with DOR.
Includes medical licenses, legal licenses, real estate licenses, contractor licenses, and more. 90-day notice provided. Delinquency threshold varies by license type.
Hunting, fishing, and other recreational licenses may be suspended for delinquent support. Managed by Florida Fish and Wildlife Conservation Commission.
3. Property Liens and Levies
Florida allows placement of liens on real and personal property for unpaid child support:
- Judgment Liens: Under F.S. § 55.10, support arrears become judgments that can be recorded as liens on real property
- Bank Account Levies: DOR can freeze and seize funds from bank accounts to satisfy arrears
- Sale of Property: In extreme cases, liens can lead to forced sale of property to satisfy delinquent support
4. Tax Refund Interception
Both federal and state tax refunds can be intercepted to satisfy child support arrears:
- Federal Tax Offset Program: Administered by U.S. Treasury's Financial Management Service. Requires minimum $150 arrears for IV-D cases, $500 for non-IV-D cases.
- State Tax Refund Offset: Florida Department of Revenue intercepts state tax refunds for delinquent obligors
- Lottery Winnings: Lottery prizes exceeding $600 may be intercepted for child support arrears under F.S. § 409.25655
5. Contempt of Court
Under F.S. § 61.14, willful failure to pay child support can result in contempt proceedings:
Important: Inability to pay (due to genuine unemployment or disability) is a defense to contempt. The obligor must demonstrate good-faith efforts to find employment or seek modification of the support order.
6. Criminal Non-Support
Under F.S. § 61.13(1)(a), non-support of a child is a third-degree felony in Florida, punishable by:
- Up to 5 years in prison
- Up to $5,000 in fines
- Probation with mandatory payment plans
Federal prosecution under 18 U.S.C. § 228 is also possible for interstate cases involving willful failure to pay support exceeding $5,000 or overdue for more than one year.
7. Credit Bureau Reporting
The Department of Revenue reports child support arrears to the three major credit bureaus (Experian, Equifax, TransUnion). Delinquent support can:
- Significantly lower credit scores
- Affect ability to obtain loans, mortgages, credit cards
- Impact employment prospects (some employers check credit)
8. Passport Denial
Under federal law (42 U.S.C. § 652(k)), the State Department may deny or revoke passports for obligors with child support arrears exceeding $2,500. Florida DOR certifies delinquent cases to the federal Office of Child Support Enforcement, which then notifies the State Department.
Florida Department of Revenue Services
The Florida Department of Revenue Child Support Program provides comprehensive services at no cost to eligible families:
- Locating non-custodial parents (through state and federal databases)
- Establishing paternity (genetic testing, legal proceedings)
- Establishing child support orders
- Modifying existing orders (administrative or judicial)
- Enforcing support orders (all mechanisms listed above)
- Collecting and distributing payments through SDU
- Interstate enforcement through UIFSA
- Medical support enforcement
Eligibility: Services are automatic for families receiving TANF (Temporary Assistance for Needy Families). Other families may apply for services through their local DOR Child Support office or online.
9. Interstate Enforcement (UIFSA)
Florida has adopted the Uniform Interstate Family Support Act (UIFSA), codified in F.S. Chapter 88. This allows Florida to:
- Establish support orders against out-of-state obligors
- Enforce Florida orders in other states
- Register and enforce orders from other states in Florida
- Coordinate with other states' IV-D agencies
UIFSA ensures that obligors cannot avoid support obligations by moving across state lines.
Custodial Parent Rights and Responsibilities
If you are a custodial parent not receiving court-ordered support, you have the right to:
- Request DOR Services: Apply online or at local DOR office
- Private Enforcement: Hire a private attorney for contempt or enforcement proceedings
- Document Non-Payment: Keep detailed records of missed payments
- Request Modifications: If circumstances change, seek order modification
- Seek Attorney Fees: In contempt cases, request reimbursement of legal costs
Important: You cannot withhold visitation or time-sharing as retaliation for non-payment. Support and time-sharing are separate legal issues. Doing so may result in you being held in contempt.
Obligor Defenses and Options
If you are unable to pay child support as ordered, you have legal options:
- Seek Modification: File a petition to modify support if your income has substantially decreased
- Payment Plans: Contact DOR to establish a payment plan for arrears
- Unemployment: Document job search efforts to demonstrate good faith
- Incarceration: You may seek modification or suspension of support during incarceration (though not automatic)
Do not ignore support obligations. Arrears continue to accrue, and enforcement remedies become more severe over time. Address the issue proactively through legal channels.
Related Topics
For a complete understanding of Florida child support, also review:
- Florida Child Support Formula Guide – Understand how support is calculated
- How to File in Florida – Step-by-step filing instructions
- Florida Deviation Factors – When courts may adjust support amounts