If you fall behind on child support in Florida, the court can enforce the order and compel you to pay or impose penalties for nonpayment, including, potentially, arrest. So, how far behind in child support can you get before a warrant is issued in Florida? There is no magic number of missed payments before a judge will issue a warrant. Generally, before the judge issues a warrant, the other parent or the Florida Department of Revenue (DOR) has to request enforcement of the child support order. This often happens when a parent is three to six months behind in payments, but it can occur sooner.
At Beller Law, PL in Jacksonville, we help parents across Florida understand and protect their rights in child support matters. Led by attorney Rebeccah Beller, a seasoned litigator with 25+ years of trial experience, our firm offers compassionate legal guidance. Whether you are seeking enforcement or defending against accusations of nonpayment, having an experienced Jacksonville child support lawyer on your side can make a significant difference.
How Does Child Support Work in Florida?
Parents must financially support their children until they reach adulthood. When parents raise children in separate households, one parent may be required to pay the other child support to meet that obligation.
Florida calculates child support using the Florida Child Support Guidelines, which consider:
- Each parent’s income and earning capacity and health insurance expenses;
- The child’s health insurance and childcare expenses; and
- The number of overnights the child spends with each parent during the year.
Courts generally stick to the guideline calculations absent specific reasons to depart from them.
You can use the Florida Department of Revenue’s child support guidelines and online calculators for a general estimate. These tools are for informational purposes only; an attorney can provide a more accurate calculation based on your specific circumstances.
When Does Child Support End in Florida?
Most child support obligations end when the child turns 18. However, child support payments may continue if:
- The child is still in high school full-time and expected to graduate before turning 19;
- The child has a physical or mental disability and needs ongoing care; or
- A judge issues a written court order specifically extending support for extraordinary reasons.
Stopping payments without court approval can lead to enforcement actions.
What Happens When You Fall Behind on Child Support?
When you miss child support payments in Florida, you build up arrears—back child support. As you build arrears, the state of Florida or court may attempt to compel you to pay through:
- Wage garnishment,
- Driver’s license suspension,
- Tax refund interception,
- Bank account levies, and
- Property liens.
If a judge concludes you are willfully choosing not to pay, he or she can hold you in contempt and order you to:
- Pay a purge (lump sum towards the arrears)
- Pay a fine,
- Go to jail, or
- All of the above.
Anyone who willfully fails to provide support to their minor children also commits a criminal offense under Florida law.
How Far Behind Can You Get in Child Support Before a Warrant is Issued in Florida?
There is no fixed number of missed payments that triggers a warrant. A judge may issue a civil arrest warrant when, for example:
- You are several months behind, often three or more;
- The court has already taken less harsh enforcement actions, but you still have not complied; or
- You fail to attend a scheduled hearing regarding child support.
Once the judge issues the warrant, law enforcement can take you into custody. To secure release, you typically must pay some part of what you owe.
Can You Go to Jail for Not Paying Child Support?
Yes. The Florida courts can jail you for willful child support nonpayment based on contempt. The government can also arrest you for criminal nonsupport of dependents.
How Much Back Child Support Is a Felony in Florida?
A parent commits nonsupport of dependents if they willfully fail to provide child support despite having the ability to pay or willfully refuse to become employed to avoid paying. Nonsupport of dependents is generally a misdemeanor of the first degree, punishable by up to one year of imprisonment and a fine of up to $1,000.
A parent commits a nonsupport felony of the third degree if they:
- Are convicted of four or more nonsupport offenses, or
- Owe $5,000 or more, and
- Have owed that amount for more than one year.
Upon conviction, the parent may be sentenced to up to five years in prison, be fined up to $5,000, or both.
So, how much back child support is a felony in Florida? Generally, you commit a felony if you owe $5,000 for a year or longer. However, that does not mean you will immediately be prosecuted.
Jacksonville Child Support Warrants
In Duval County and surrounding areas, judges often look for patterns of nonpayment before issuing warrants. If you live in Jacksonville, Orange Park, or St. Augustine, failing to attend a child support hearing or repeatedly missing payments can quickly lead to an arrest warrant.
Get Help From a Jacksonville Child Support Lawyer
At Beller Law, PL, we guide our clients through child support issues, from seeking modifications to defending against contempt actions. We are committed to a practical, solutions-focused approach to protecting your rights and your family’s future.
If you are dealing with a child support dispute in Florida, contact Beller Law, PL, today to schedule a consultation. We will review your situation, explain your options under Florida law, and work toward a resolution that meets your legal obligations and helps maintain stability for your family.
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