Help for Dads to Pay Off Overdue Child Support in Florida
It is easy to fall behind on Florida child support if a dad loses his job, but not as easy to catch up. Several options are available to stop any contempt motions that may be brought against you for non-payment of child support. A Florida court will often give you a break on sanctions, if you approach the court before the arrearages become high, or take other action to show that you are trying to pay support. Keep in mind, however, this is at the discretion of the court. Florida law does not provide for leniency for non-payment of support.
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Initiate Proceedings
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If you cannot pay child support because you lost your job, file a motion with the court to modify the child support order until you can find a job. Depending on your family's circumstances and the economy, the court may order a lesser amount until you can find a job, or if you have a job that doesn't pay --- this would be to make ends meet until you procure a job comparable with the job you lost --- the court may order lower child support payments until you find a better job.
The court may lower the payments temporarily, giving you a specific time frame to find a better job. It may also lower payments, but tack the difference between the original payment and the lower payment onto the arrearages, with an order to begin paying on the arrearages in payments at a certain time. The actions of the court are at the discretion of the court, and you have a better chance of a ruling in your favor if you can prove that you were laid off (not fired or you did not quit). When you obtain a better job, you are then able to catch up on arrearages, but because you have "permission" from the court to pay a lowered amount, you will not face consequences for non-payment of child support.
Enter an Agreement
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If you lose your job and are forced to take a job that pays less, you may be able to get the mother to agree to a lower child support amount. If you can draft an agreement dictating the terms. If the mother agrees that for six months, you will pay a lower amount, then when you obtain a job, you will pay an amount higher than the original amount until the difference is paid, then pay the original amount, ensure that it is written up in the agreement. If the mother agrees to a lower amount for an undefined period of time, ensure that those terms are clearly spelled out in the agreement. Forward a copy of the agreement to the clerk of court and the judge, with a motion to ratify the agreement. When the court ratifies the agreement, it puts it into an order, making it more difficult for the mother to undo.
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Pay Some Support
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If you cannot come to an agreement with the mother, pay the original amount plus as much as you can toward the arrearages, whether the child support is paid directly to the mother or through the state depository unit. Always keep track of how much support you paid into the system or to the mother. It is too easy for funds to "get lost" or for the mother to say she never got the extra funds.
Conclusion
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If you do not pay child support or do not take action yourself to catch up on arrearages, the court can order sanctions in many forms, from selling assets to revocation of your driver's license and even jail time. Notify the mother or the court --- whichever is appropriate for your situation --- of your problem and present a plan on catching up the arrearages.
If you pay directly to the state disbursement unit, do not count on it to keep correct accounting --- keep your own records. You can see your child support account, if you pay through the state disbursement unit, at myfloridacounty.com (see Resources). Always write "For Child Support" and your case number on the memo line of your check or money order. Write down the date you mailed the check or money order and how much it was for. Keep a running total of child support, keeping the original amount and the monies you paid toward arrearages separate, so you know how much you actually owe and when you should stop paying extra to catch up the arrearages.
If you can afford an attorney when you attempt to catch up on child support payments, it is wise to retain one. The attorney knows the system and can easier deal with the procedures for filing or notifying the court and the state disbursement unit, especially if your support is paid through the unit.
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