Consequences of Failure to Pay Child Support
DADvocacy™ | February 14, 2023One of the unfortunate results of divorce cases is that ex spouses sometimes forget to pay child support. The state of Florida contains one of the most stringent systems for parents who try to avoid the financial obligation of child support payments. Florida is one of the strictest states regarding parents who attempt to skip out on support payments.
The Role of Child Support
Child support is a court-ordered that a noncustodial parent is required to pay to a custodial parent for the financial support of the couple’s child. Florida law punishes a noncustodial parent who refuses to pay support to the custodial parent.
What Should I Do If My Ex-Spouse Refuses Child Support
If your ex-spouse refuses to pay child support, you will need to follow several basic steps, including:
- Contact a Lawyer. First, you should contact a highly successful child support lawyer, who will file a motion for contempt against the non-paying spouse. The motion must prove that your former spouse failed to pay child support payments. In addition to a motion, one must also file a notice of hearing, which establishes information about the time and date of the court hearing. Lastly, one must attach a notice advising the non-paying spouse that if found in contempt of court the non-paying spouse may be ordered to pay a fine or jailed.
- A motion filed against a non-paying spouse will force the non-paying spouse to attend a court hearing and be subject to the ruling of a judge. If the judge determines that the noncustodial parent has violated the terms of the support agreement then that parent will be held in contempt of court.
Failure to Pay Child Support
If the judge determines that the noncustodial parent has failed to pay child support, then there are a variety of harsh consequences that can result, including:
- Credit Report. The Court will file information on your credit report that you are behind in payment.
- Garnish. The court might garnish your wages to cover the cost of past due payments in addition to collecting future payments
- Incarceration. The court can place a delinquent parent in jail for up to a year or until the unpaid support is paid.
- Intercept Benefit. Courts can intercept benefits including workers’ compensation to collect unpaid child support in addition to gathering child support amounts for the future. The Court can also withdraw finances directly from bank accounts.
- Seizure. Florida courts will seize a variety of things belonging to a spouse who owes child support including bank accounts, tax refunds, and assets like vehicles and real estate.
- Suspension. The court can suspend the driver’s license or professional licenses of a parent who refuses to pay child support. Courts may even revoke passports. The court may hold the license(s) until the nonpaying parent either repays or agrees to a new payment plan.
For further information or questions about child support contact Dadvocacy to schedule an appointment with one our highly experienced and successful child support lawyers in Miami: visit or www.DADvocacy.com



