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West Palm Beach Divorce Attorney > Blog > Child Support > Florida Laws And Failure To Pay Child Support

Florida Laws And Failure To Pay Child Support


Child support payments are a way for a non-custodial parent to support the expenses of child rearing. Often the non-custodial parent is the father of the children, but there are fathers who are the custodial parent and receive child support. Child support payments are court ordered and must be paid. If a person wants to change the payment amount because of a change in their income or another shift in circumstances, a petition needs to be filed with the court.

You can’t simply stop making child support payments because you don’t want to or can’t afford it. It is possible you will have wages garnished or experience a suspension of your driver’s license. Failing to make Florida child support payments will only lead to more issues. To move forward with a modification or to pursue payments you are not receiving from a non-custodial parent, connect with a West Palm Beach family attorney.

Net Income Calculations 

In order to determine how much child support a parent should pay, their net income will be calculated. Your gross income is the amount you receive before taxes and other deductions, net income is your take home pay. All of the following will be assessed so gross pay and net income can be calculated.

  • Income from wages or salary
  • Workers’ comp payments
  • Retirement payments, including pensions and annuities
  • Social security payments
  • Investment dividends and awards
  • Property income
  • Bonuses and commissions
  • Business income
  • Benefits due to disability
  • Spousal support from another union
  • Income from trusts and inheritances

Once all of these financial figures are calculated, your monthly net income will be understood by all parties. Then, a child support payment amount will be determined.

It is possible a change in a person’s situation will result in a reduction of their monthly net income. In these and other situations, a downward modification can reduce the amount a non-custodial parent must pay. There are also times when adjustments are made because the custodial parent has experienced a large income increase or has entered into another marriage. Changes are possible, but any change has to take place through the legal process. Talk to a West Palm Beach family attorney to have your questions answered.

Ignoring an Income Problem Can Make a Situation Worse

Many individuals who were married in the past no longer want to communicate with their ex-spouse, particularly surrounding issues with their personal lives or professional decisions. For this reason, there are cases in which a person does not inform their ex-spouse of their job loss and stops payments. This should be avoided. Instead, hire a lawyer to communicate for you so you can move toward a healthy financial future. Legal guidance is a phone call away.

Do you require a downward modification because of a change in your income? Or has your ex-spouse remarried and you do not believe payments are still appropriate? Talk to the legal professionals at Bruce S. Rosenwater & Associates to explore your options. Our attorneys are committed to securing the future you want. If you need legal support, schedule a consultation today.

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