Child support is a legal obligation that both parents have to provide for their children’s basic needs, such as housing, food, medical care, and education. When a court orders one parent to pay child support to the other parent, they must comply with the terms and conditions of the order. Failing to pay child support is a serious offense that can have severe consequences for the non-paying parent and the child.
According to the U.S. Census Bureau’s Custodial Mothers and Fathers and Their Child Support 2018 report, only 43.5% of custodial parents received full child support payments in 2018. This means that many children are not getting the financial support they deserve and need. The federal government and the state of Florida have various laws and enforcement measures to ensure that parents pay their child support obligations. If you are a parent who owes child support in Fort Myers, FL, you should be aware of the potential penalties that you may face if you do not pay.
Penalties for Non-Payment of Child Support in Fort Myers, FL
The penalties for non-payment of child support in Fort Myers, FL can vary depending on the amount and duration of the delinquency, the circumstances of the case, and the actions of the custodial parent or the state. Some of the possible penalties are:
Penalty No.1: Wage Garnishment to Being Held in Contempt of Court
The state can order your employer to withhold a portion of your income and send it directly to the state child support agency, which will then distribute it to the custodial parent. This can affect your take-home pay and your credit score.
Penalty No.2: Jail Time
The state or the custodial parent can file a motion for contempt of court against you if you willfully disobey the child support order. This can result in fines, penalties, or jail time. You can also be ordered to pay the attorney fees and costs of the other party.
Penalty No.3: Suspension of a License such as a Driver’s License, or Business /Occupational License
The state can suspend your driver’s license, professional license, occupational license, or recreational license if you are more than 60 days behind on your child support payments. This can affect your ability to work, travel, or enjoy your hobbies.
Penalty No.4: Denial of Passports
The federal government can deny your application for a new passport or the renewal of your existing passport if you owe more than $2,500 in child support arrears. This can affect your ability to travel internationally for business or pleasure.
Penalty No.5: Fines and Penalties
The state or the federal government can charge you with a misdemeanor or a felony if you intentionally fail to pay child support or flee the state or the country to avoid paying. This can result in fines, probation, or imprisonment.
How to Avoid or Reduce the Penalties for Non-Payment of Child Support in Fort Myers, FL
If you are a parent who is struggling to pay your child support obligations, you should not ignore the problem or stop paying altogether. This will only make the situation worse and expose you to more penalties and legal actions. Instead, you should take the following steps to avoid or reduce the penalties for non-payment of child support in Fort Myers, FL:
- Communicate With The Other Parent
You should try to talk to the custodial parent and explain your situation. You may be able to work out a temporary or permanent agreement to modify the child support amount or payment schedule. However, you should not rely on a verbal agreement alone. You should put it in writing and have it approved by the court. - Request a Modification of The Child Support Order
You can file a petition with the court to modify the child support order if you have experienced a substantial change in your circumstances, such as a loss of income, a disability, a change in the child’s needs, or a change in the custody arrangement. You will need to provide evidence of your change in circumstances and show that the modification is in the best interest of the child. You should continue to pay the current child support amount until the court grants the modification. - Seek Legal Help
You can contact a qualified and experienced family law attorney in Fort Myers, FL, to help you with your child support issues. A family law attorney can advise you of your rights and obligations, represent you in court, negotiate with the other parent or the state, and protect your interests.
When child support is due according to a child support attorney, child support lawyer, and child support agreement ordered by the court, it is significant to pursue payment by that child support order. Certain choices may be available to parents sacrificing to make required child support payments through a child support modification but a modification must be requested through the family law court, child support modification attorney, and child support modification lawyer and the present child support order remains in effect until it is modified by the family law court.
Contact Marquez-Kelly Law for Child Support Legal Services in Fort Myers, FL
Child support is a serious matter that affects the well-being of your child and your financial stability. If you need legal assistance with child support in Fort Myers, FL, you can count on Marquez-Kelly Law to provide you with the best representation and counsel.
We offer a FREE half-hour consultation to discuss your child support case and answer your questions. You can contact us at 239-214-0403 or send us a message at https://www.marquezkellylaw.com/contact-us. You can also visit us personally at our service areas: Fort Myers and Cape Coral, Florida.
For more information about our family law services, check out our website at https://www.marquezkellylaw.com/.