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Have you struggled to get your child’s other parent to pay child support? As your child gets older, you may wonder if you will ever see these back child support payments. You may even worry as to what happens when your child turns 18. When the child support obligation ends, are you unable to collect any outstanding child support arrears? The Orlando Family Team will discuss this in more detail.
Parents who still owe child support after the child turns 18 should continue to make child support payments. This is because child support arrears do not go away even when the child support obligation ends. The child support payments made after the obligation ends will go toward paying off arrears owed. The payor parent may even be able to petition the court to have the monthly payment lowered as the full monthly payments made would be going straight toward paying off the arrears total.
In Florida, there is no statute of limitations on collecting child support arrears. It does not matter how old the child is, even if the child has become a full-blown adult. Child support arrears remain until paid. This is not true in every state, but it is true in Florida. In some instances, even the death of the parent will not release him or her of the obligation to pay child support arrears. The other parent can make a claim against the obligor parent’s estate if he or she dies with unpaid child support still owed.
Who Gets Back Child Support After the Child Turns 18?
A common question arises: Who receives unpaid child support once the child has reached adulthood? The answer depends on the specific circumstances of the case. In most cases, back child support is owed to the custodial parent or the entity that provided financial support for the child.
- Custodial Parent: Since child support is meant to reimburse the custodial parent for costs associated with raising the child, back payments typically go to the custodial parent. Even after the child reaches adulthood, any arrears are still considered a debt owed to the parent who bore the financial burden of raising the child.
- The Child (in Limited Cases): In rare situations, the court may determine that the child is entitled to the unpaid support, especially if they were financially independent or providing for themselves due to lack of parental support.
- Government Assistance Programs: If the custodial parent received public assistance while raising the child, the government may have a claim to the back child support payments to reimburse the state for the aid provided.
It is also important to understand that back child support is considered a legally enforceable debt, meaning the non-paying parent remains responsible for fulfilling their financial obligation regardless of how much time has passed. Taking legal action sooner rather than later can help ensure the owed payments are recovered efficiently.
How To Collect Back Child Support In Florida
There are several ways you may be able to collect back child support, and the Florida Department of Revenue may be able to assist you with this. The Florida Department of Revenue is authorized to carry out a wide array of actions in order to get payment on back child support. Collection efforts may include:
- Sending notices of late payment
- Income withholding
- Suspension of the delinquent parent’s driver’s licenses and professional licenses
- Intercepting federal income tax refunds or workers’ compensation support payments
- Placing a lien on personal property
- Passport application denial
- Notifying credit agencies of child support arrears
You also have the option of filing a motion for contempt with the court. This can result in further legal penalties for the non-paying parent, including wage garnishment, seizure of assets, and, in extreme cases, incarceration for failing to comply with court-ordered support obligations.
If the non-paying parent moves out of state, enforcing child support obligations may require cooperation between different state agencies. Fortunately, federal laws such as the Uniform Interstate Family Support Act (UIFSA) provide mechanisms to enforce child support orders across state lines. Seeking legal assistance can be crucial in navigating these processes and ensuring the best possible outcome.
Orlando Family Law Attorneys
At Orlando Family Team, our team is committed to helping people and families. For all of your child custody and support questions, concerns, and struggles, we are here for you. If your ex still owes child support and you need help enforcing payment, contact us today to discuss your legal options. Our experienced attorneys can guide you through the enforcement process and advocate for your financial rights.
