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When it comes to child support, many parents don’t know they can pursue back pay if the other parent hasn’t kept payments. Understanding your rights and options is key. Below, we’ll cover everything you need to know about how far back child support can be claimed and the steps you can take to collect unpaid support.
What Is Back Pay Child Support?
Back pay child support, also known as arrears or arrearage, refers to missed payments that a parent was legally required to pay but didn’t. This can happen if the other parent refuses to pay or falls behind due to financial difficulties. Regardless of the reason, the parent who owes support is still responsible for catching up on these payments.
How Far Back Can Child Support Be Claimed?
In Florida, you can seek child support back pay for as long as the child has been eligible, which usually starts from the time you file a petition with the court. If there was no formal agreement before that, you may still be able to go back to the date you and the other parent separated or the child was born, depending on your specific case.
The process of claiming child support arrears can be complex, but it’s possible to get what is owed to you. Courts in Florida take child support obligations seriously, and they have tools to enforce these payments, such as wage garnishments, driver license suspensions, business license suspensions, and liens on property.
Enforcing Child Support Payments
When you are doing everything you can to ensure your child is taken care of, it can be frustrating to have your ex not paying as they should. If you are considering getting legal help, there are options to recover back pay child support and hold that parent accountable. Let’s explore the steps you can take to enforce these payments for your child.
Step 1: Gather Documentation
The first step in recovering back pay child support is to gather your documentation. This includes:
- Court orders for child support,
- Records or list of missed payments, and
- Any communication between you and the other parent about the support.
Having these documents helps you build a strong case, which may even help to resolve the case in negotiations before going to a court. If you do have to see a judge, it is good to know that judges rely heavily on clear evidence when deciding on arrears and how much has not been paid. If you don’t have these documents, reach out to Beller Law, PL. Our team can help you obtain the records you need or discuss the best way to present the information.
Step 2: File a Motion with the Court
Once you have your documentation, you can file a motion with the court to enforce the child support order. In Florida, you can request that the court enforce payment through several methods, including:
- Income withholding orders—the court can automatically deduct payments from the other parent’s paycheck through the employer;
- Property liens—the court can place a lien on the other parent’s property until they pay what they owe; or
- Contempt of court—if the other parent still refuses to pay, they could face fines or even jail time.
If the court finds that the other parent deliberately avoided paying, the court may also make the other parent pay your attorney fees and the costs for having to go to court.
Step 3: Explore Additional Legal Remedies
If these options don’t work, there are other legal remedies available to you. For instance, you should also consider contacting the State of Florida Child Support Enforcement office directly for assistance, and they can help with other options including intercepting tax refunds or even placing a hold on the other parent’s bank accounts. Florida has strict laws to enforce child support, and discussing your options with a skilled attorney can make all the difference.
Consequences of Failing to Pay Child Support
Parents who refuse to honor their child support obligations can face serious consequences. In Florida, in addition to methods for enforcing payment, other consequences can include:
- License suspension—this can include both driver’s licenses and professional licenses;
- Credit reporting—missed payments can be reported to credit bureaus, damaging the other parent’s credit score; and
- Passport denial—if a parent owes over $2,500 in back support, they may be denied a passport.
These measures are in place to protect the rights of children and ensure they receive the support they need.
What If the Other Parent Lives in Another State?
Florida works with other states to enforce child support orders, so even if the other parent has moved, you can still pursue collecting child support arrearages. The Uniform Interstate Family Support Act (UIFSA) helps ensure that state borders don’t stop parents from getting child support back pay. With the UIFSA in place, we can help you take action and pursue the child support you’re owed, no matter where the other parent lives.
Secure the Support Your Child Deserves with Beller Law, PL
If you’re struggling to collect unpaid child support, it’s time to take action. At Beller Law, PL, we understand this process is a lot to take on, especially when you’re already managing the day-to-day responsibilities of raising your child. With over 25 years of trial experience, we take pride in educating parents about their rights under Florida law. We work closely with you to assess your case, explain all available options, and help you decide on the best course of action.
As a small firm, we’re able to give families across Florida the personalized attention they deserve. We handle your case one-on-one with our lead attorney, ensuring you have the dedicated support needed to recover unpaid child support and secure your child’s future.
If you’re ready to take action to recover unpaid child support and secure your child’s future, contact Beller Law, PL, today.