How Can I Collect Past Due Child Support?
Past due child support, also known as child support arrears, is the term used when a parent has failed to meet their child support financial obligations as prescribed by a court order. If you are entitled to child support payments and your former partner has missed payments or failed to make any, you may file an action to enforce the child support order. When pursuing this action, ensure you are properly represented by an experienced Orlando Child Support Attorney, who will aggressively argue your case and present evidence to the court displaying the amount of past due child support you are due.
One unique factor to Florida law is that there is no restriction on when an action may be filed for child support arrears. In other words, there is no statute of limitations on presenting an action of this nature, and you are permitted to file your case at any time. The first step in collecting the missed child support funds is to file a Motion for Enforcement or Contempt. This motion has three requirements: 1) describe the valid final judgment entered by the court ordering the child support. A copy of this judgment will also be attached to your motion. 2) You will also need to inform the court of the parent’s failure to meet these court ordered payments and 3) that the parent has the ability to make these payments.
After filing the motion, the other parent will be served and the court will set a hearing on the matter. At the hearing, you will need to provide evidence of the missed payments and the total amount that is past due. The opposing party will have the burden of proving that they did in fact meet these obligations, however, the proof necessary to achieve this burden is generally receipts of the transaction, copies of the checks made out to the party, or deposits into the bank account of the other parent. If the court finds that the obligated parent has failed to make these payments, they will calculate the past due amount as well as interest due to the party for these payments. Further, the court may establish a new method of payment for future child support including: wage garnishment, or ordering payment to be made through the Florida Department of Revenue.
If a court determines that in combination with enforcement of the child support order, the obligated party should be held in contempt they may face additional punishment. For instance, the court may order the obligated party to serve time in jail, suspension of their driver’s license or car registrations, seizure of bank accounts, tax returns, or place liens on property. Finally, the obligated party may also be required to pay any court costs and attorney fees associated with bringing this action.
Child support is necessary to properly and adequately support your child and the obligated party will be held responsible for delinquent payments. If you are needing to recoup missed child support payments, contact an Orlando Child Support Attorney today to begin action on your case.
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