What Happens if You Do Not Pay Child Support?
Sooner or later, you must pay it.
We hear this question a lot. Only 46% of residential custodial parents in Florida receive the full amount of child support owed. Most of these parents receive little to no child support at all. Delinquent parents usually stay one step ahead of the Attorney General’s child support collection division for a few months. Eventually, however, it will be time to pay the piper.
When that time comes, or preferably before that time comes, a Brandon family law attorney is there to protect your legal and financial rights. The Attorney General has almost unlimited ability to collect past-due child support. In the end, however, that is all these lawyers want (the money). So, payment arrangements and other accommodations are usually available.
What Can Be Done to You
For political reasons, the Attorney General usually dispenses with less aggressive collection methods, like a polite but firm demand letter, and moves onto things like:
- Wage Withholding: Usually, the original child support order included a wage withholding order. That order may be dormant or outdated because the parties agreed not to execute it or the obligor (person who owes child support) has changed jobs. Once the AG activates and updates a withholding order, the state could withhold up to 50% of the obligor’s earnings for current and past-due support.
- Credit/Property Liens: If the obligor is self-employed or unemployed, the AG moves on. These liens have no immediate effect. However, sooner or later, the obligor wants to sell the property or borrow money. At that point, a Brandon family law attorney is critical because the AG is usually in no mood to negotiate.
- Bank Account Levy: Imagine going to the bank or paying a bill and discovering that your account has been frozen. The AG usually releases these holds if the obligor makes a substantial down payment on the arrears and agrees to a payment plan on the remainder. The possibility of a bank account levy is the best reason to work with a lawyer sooner rather than later.
In rare cases, judges put delinquent obligors in jail. Usually, the obligor must have dodged several other collection attempts.
Incarcerating someone for not paying debts may seem counterproductive and illegal. However, the AG knows that people suddenly find money when their liberty is threatened. Additionally, the official charge is a violation of a court order, not a failure to pay a debt.
What You Can Do About it
A Sarasota family law attorney does more than negotiate the existing debt. Usually, an attorney also files a motion to reduce the child support obligation.
The judge set the amount based on a financial snapshot. Many people change jobs frequently, and these job changes sometimes mean lower incomes. For example, a staff writer might decide to become a freelance writer.
Usually, child support reductions are not retroactive to the filing date. So, if financial circumstances have changed and your child support needs to be reduced, see a lawyer straight away.
Incidentally, Florida does not require obligors to contribute to college tuition and other such expenses. Generally, child support ends when the child graduates from high school. However, if the parents agree to split costs, that agreement is usually enforceable.
Work With a Savvy Sarasota County Family Law Attorney
Family law disputes usually involve emotional and financial matters. For a confidential consultation with an experienced family law attorney in Sarasota, contact Carman & Finegan, P.A. Virtual, home, and after-hours visits are available.