Cases For Obtaining Delinquent Child Support In Florida
It can be quite difficult to obtain child support that is rightfully owed to you. The good news is, this money is legally mandated to be paid, so you have options to track it down. Since it can be such a hassle to get the money owed to you for child support, you might want to consider having an attorney do the hard work on your behalf.
Anytime you have a divorce and the couple has children under the age of 18, the court is going to determine how much child support is owed and by whom it is owed. In most cases, this will be a monthly payment made from one half of the divorced couple to the other to support their children. The parents do not even have to go through a divorce. If they were never married, child support is still an issue. The problem comes when the person owing child support becomes delinquent in making the payments.
How is Delinquency Defined?
Child support is not something that can be ignored. A person will owe money on a monthly basis and if that payment goes unpaid for as little as 15 days, it is considered delinquent. The person will then receive a Notice of Delinquency. Typically, the child support plus the amount of fees will need to be paid within 20 days or a judgment will be brought against the person who did not pay. This is where a lawyer can help you. A judgment can act as a lien against any property the person owns, meaning a lawyer can help you get the child support you are owed by going after the assets owned by the delinquent party.
Is a Delinquency Considered a Felony?
Believe it or not, there is a threshold for child support in the state of Florida. This means that any child support past due that exceeds $2,500 and is overdue for four straight months, can amount to a felony.
This is why it’s important to get a lawyer engaged immediately. They can track the amount due to you and how long it has been overdue and then take immediate legal action on your behalf.
What is the Penalty for Delinquent Child Support?
Now that you know it can be a felony, what exactly are the penalties? For starters, the guilty party can have their Florida Driver’s License suspended. But, they could also face jail time.
Enforcing Child Support
Let’s face it – the easiest way to get child support is to have those checks arrive on time every month. However, there is a public agency that can help enforce child support. The Florida Department of Revenue (DOR) is responsible for tracking child support payments and ensuring they are paid on time. There are even ways to track down the delinquent party no matter where they live.
It is best to seek Legal Counsel for Delinquent Child Support
No matter which party you are in a child support case, the payer or the payee, an attorney can help you sort out any problems you are having. An attorney can help you wade through the complicated legal system and make sure all child support is made on time and in the right dollar amount.
You can represent yourself, but it is not easy. Let an expert guide the way that knows the ins and outs of Florida family law.
What about Joint Property?
If the divorced couple owns property together, this can complicate matters. A lawyer can help you navigate joint property. If this part of a divorce isn’t handled right, you and your children could feel long-term ramifications in the form of miscalculated child support.