Why Would the Department of Revenue Bring a Child Support Action?

While a private party may take steps to enforce a child support order through filing a child support action in court, it is not uncommon for the Department of Revenue to seek child support payments. There are several reasons why the Department of Revenue would bring a child support action. Should you find yourself on the other side of a Department of Revenue child support action, beware of the range of enforcement mechanisms at the disposal of the Department of Revenue.

When the Department of Revenue Brings a Child Support Action

There are different categories of Florida child support orders. One such category is Title IV-D child support orders. The Florida Department of Revenue is tasked with enforcing these orders. The specific circumstances of a situation will dictate which category a certain child support case falls into. Title IV-D cases include those where the custodial parent who is entitled to receiving child support requests or receives assistance from the Florida Department of Revenue in an attempt to collect owed child support payments from the obligor parent.

The most common reason the Florida Department of Revenue would bring a child support action is when the custodial parent is the recipient of state benefits, or public assistance, such as Medicaid and food stamps. The Department of Revenue gets involved in these types of cases because many parents must look to receiving government benefits when they fail to receive the child support payments they are owed. Payments from the obligor parent are sought in order to alleviate the custodial parent’s reliance on public assistance, such as food stamps, and, in turn, alleviate the burden that eventually falls on taxpayers.

This is one reason why applicants for public assistance must disclose whether they have a child. They must also disclose whether the child lives with them, meaning whether they are the custodial parent, and whether or not the other parent lives in the same household. If the applicant discloses that he or she is the custodial parent of a child and the other parent does not live with them, then the Department of Revenue is likely to pursue the other parent for child support.

Should an obligor parent fail to pay court-ordered child support, the Florida Department of Revenue has an array of enforcement tools at its disposal. For instance, the Florida Department of Revenue may:

  • Mail notice of late payment to the obligor’s address in order to inform him of the unpaid child support obligation
  • Mail notice to the obligor’s employer instructing them on withholding wages for child support payments
  • Suspend the obligor’s driver’s license
  • Suspend business, professional, hunting, or fishing licenses of the obligor
  • Deduct child support obligation from workers’ compensation benefits
  • Garnishment of bank accounts or other financial accounts

Florida Family Law Attorneys

Should the Florida Department of Revenue pursue an enforcement action against you for unpaid child support, you need to secure legal counsel as soon as possible. The dedicated child support attorneys at Orlando Family Team can help protect you from being subjected to some of the strict enforcement mechanisms at the Department’s disposal. We will always stand by your side and protect your best interests. Contact us today.

About the Author
Andrew Nickolaou, Esq., B.C.S., is a founding partner at Bernal-Mora & Nickolaou, P.A. He practices almost exclusively in divorce, marital and family law. Andrew and his partner, Ophelia Bernal-Mora, Esq., B.C.S., joined forces in March 2016 to form the unique and boutique husband and wife family law team at Bernal-Mora & Nickolaou, P.A. Together, Andrew and Ophelia take a practical and team-based approach to all of their cases and clients to deliver the highest quality experience and representation.
Andrew Nickolaou

Andrew Nickolaou, Esq., B.C.S., is a founding partner at Bernal-Mora & Nickolaou, P.A. He practices almost exclusively in divorce, marital and family law. Andrew also handles record expungements and sealings. If you have questions about this article, contact Andrew today by clicking here.