How Child Support Orders Are Established

In Florida, child support orders are established through a court process. The parent who is seeking child support, known as the petitioner, must file a petition with the court. This typically occurs as a result of a divorce or paternity action. The petition must include information about the parties involved, the children, and the financial resources of both parents. The other parent, known as the respondent, will be served with a copy of the petition and will have an opportunity to respond within a reasonable time period. Both parties will then be required to submit financial affidavits and pay verification, which will be used to calculate the appropriate amount of child support to be paid to best support the child’s needs. The court will then hold a hearing to determine the final amount of child support that should be paid.

How Child Support Orders Are Enforced

Once a child support order has been established, the courts have a number of tools at their disposal to enforce it. These tools include:

• Wage Withholding: The court can order the employer of the parent who owes child support to withhold a portion of the parent’s wages. This is done through an Income Withholding Order.
• License Suspension: The court can suspend the driver’s license, professional license, or passport of the parent who owes child support.
• Contempt of Court: The court can hold the parent who owes child support in contempt of court, which can result in jail time, fines, and the payment of attorney’s fees to enforce the order.

Where a parent has gotten behind on payments, the court will likely order that parent to pay the past due amount in a lump sum or, more commonly, through payments over time on top of the regular child support payments to catch up.

The Importance of Child Support Enforcement

Child support is essential for parents who are ensuring that their children have the financial means and resources they need to thrive as they grow up. When parents do not pay child support, it can have a devastating impact on their children and the parent that is caring for them. Children who do not receive child support are more likely to live in poverty, experience health problems, and develop behavioral problems due to a lack of financial resources to avoid these conditions or to seek proper care and support. 

The courts play an important role in enforcing child support orders, and by enforcing these orders, the courts are helping to ensure that children have the financial resources they need to succeed in life.