The information below outlines the penalty process if child support payments are late or missed.

Delinquency Notice (FSS 61.14)

In order for a Notice of Delinquency to be issued, the depository records of the Clerk of the Court must reflect that a payment is more than 15 days late and the delinquency amount is greater than the periodic payment amount. If you feel the Notice of Delinquency was issued in error, you may file a motion to contest within 15 days from the mailing of the delinquency notice. You are eligible to file this response if you believe it is a case of mistaken identity or if you do not agree with the balance. See Florida Statute 61.14(c).  There are a number of reasons why the depository records may not coincide with yours.

• You have made payments directly to the custodial parent after the court ordered payments through the depository. Direct payments can be considered a gift and you may not be given the credit.

• You did not realize that you were responsible for making the payments until your employer started the deductions. Your employer has two weeks from the time they receive the court order until they have to start the deductions. That also applies when you change jobs. You must make the payments until your new employer starts deducting it from your check.
• There may be a change in circumstances that the depository is not aware of, such as a change in custody or the emancipation of a child. Always make the depository aware of any new court orders that affect your support payments.
• A payment has been remitted to the State Disbursement Unit but it is not posted on the depository records. Under these conditions the depository will request that the State Disbursement Unit research the payment. The Notice of Delinquency will be put on hold until the research has been completed. If speaking with the depository has not resolved the issue, you can contest the Notice of Delinquency and have a hearing before the judge assigned to your case.
• You can download the Motion to Contest Delinquency package with instructions and necessary forms. Please keep in mind that your motion to contest must be filed within 15 days of the date of the Notice of Delinquency. If it is not filed and your case still reflects a delinquent balance, a Judgment by Operation of Law will be entered into the public records.

Judgment (FSS 61.17)

If a child support payment or a motion is not received within 15 calendar days, a Judgment/Certificate of Delinquency is filed. Interest will start to accrue on this account. A Judgment/Certificate of Delinquency may also appear on your credit report.

To satisfy a judgment for child support, you can request a payoff statement in writing or at the courthouse at 800 E. Twiggs Street, Room 101. There is a fee of $25.00 for the payoff statement pursuant to Florida Statute 61.14(6)(f)1. The fee must be received prior to the calculation of the payoff. Once the payoff statement is calculated, you must pay off the total amount due before a Satisfaction can be issued and recorded in the public record. 

Driver's License Suspension (FSS 61.13016)

If your case is enforced through the Department of Revenue (DOR), you will need to contact DOR at 1-850-488-KIDS(5437).

If the driver’s license suspension was initiated by the petitioner and your case is not enforced through DOR, you will need to come to the Clerk’s office and pay the child support delinquency in full. This includes all delinquent back child support, clerk's fees, delinquency fees, etc. Once all fees have been paid, you will be given a form to take to the Florida Department of Highway Safety and Motor Vehicles to reinstate your driver's license.

I have not received my court ordered child support. What can I do?

When the non-custodial parent (obligor) is delinquent on payments, the Central Governmental Depository issues a delinquency letter. The obligor has 15 calendar days to respond to the delinquency notice or pay the full amount owed. If there is no response or payment, a judgment will be recorded in the public record . The judgment can act as a lien by operation of law. Interest is charged on all judgments at a rate determined by the Florida Department of Financial Services . Florida Statutes 55.03(1).

On non-Title IVD cases (those not handled by the Department of Revenue ) the custodial parent (obligee) may file a Request to Suspend Driver’s License and Motor Vehicle Registration through the Clerk’s Office when the obligor is 15 calendar days delinquent. The Clerk will then send a Notice of Driver’s License Suspension to the obligor at the last address on record with the Department of Motor Vehicles. If there is no response to the Notice within 20 calendar days, the Clerk’s Office will send a request electronically to the Florida Department of Highway Safety and Motor Vehicles to suspend the obligor's driver’s license. 

What does the child support program do if the parent does not pay as ordered?

If your child support order is through a private attorney, you have the options listed above available to you.

Once a child support order is established through the Department of Revenue, the Child Support Enforcement program monitors child support payments. When payments are not made as ordered, the program can take steps to encourage payments, including but not limited to:

• Send late payment notices
• Suspend Florida driver licenses
• Report past due support to credit agencies
• Suspend business, professional and recreational licenses
• Place liens on personal property
• Take federal income tax refunds
• Take Florida Lottery winnings over $600
• Take support payments from reemployment and workers’ compensation
• Take support payments from parent’s paycheck and bonuses
• Take money from bank accounts
• Negotiate a payment agreement to collect past due support
• Take money from insurance or other legal settlements
• Take money from unclaimed property that is turned over to the State of Florida
• File motions in County Circuit Court

Contact the Department of Revenue Child Support Enforcement Department at (850) 488-5437 for information about actions taken on your case.

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