Back Child Support Felony in Florida

Question: How Much Back Child Support Is A Felony In Florida?

In Florida, the enforcement of child support orders is taken very seriously, and failing to pay child support can result in severe legal consequences, including the possibility of facing felony charges. Understanding how much back child support is considered a felony in Florida requires a comprehensive look at the state's laws and enforcement mechanisms. This guide clarifies what constitutes a felony regarding unpaid child support, the laws and procedures involved, and the penalties that may follow.

Understanding Child Support Obligations in Florida

What is Child Support?

Child support is a court-mandated financial obligation from a noncustodial parent to a custodial parent, intended to cover the child's living expenses. This includes necessities such as housing, food, schooling, healthcare, and other personal needs. The amount is determined based on several factors, including the income of both parents, the needs of the child, and the terms agreed upon or ordered by the court.

Legal Framework for Child Support in Florida

• Florida Statutes: The laws surrounding child support in Florida are outlined under Chapters 61 and 409 of the Florida Statutes. These statutes establish the guidelines for calculating child support and provide mechanisms for enforcing and revising child support orders.

When Does Back Child Support Become a Felony?

Criteria for Felony Charges

In Florida, failure to pay child support can escalate to felony charges under specific conditions. According to Florida law:

• Contempt of Court: Initially, non-payment of child support can lead to civil contempt charges. The court may compel the non-paying parent to pay arrears or face jail time until payments are made.

• Criminal Nonsupport: If contempt charges do not resolve the issue, the state can pursue criminal charges for nonsupport. This typically occurs when the noncustodial parent willfully neglects their obligation without a justifiable reason.

Felony Threshold

1. Willful Non-payment: The state must prove that the noncustodial parent willfully neglected their support obligations. Ignorance or inability to pay due to unforeseen circumstances might not qualify as willful neglect.

2. Exceeding a Certain Amount or Time: Once back child support exceeds a certain threshold, either by amount or duration (often one year or more without payments), the unpaid support may be classified as a felony offense. While specific dollar amounts can vary based on cases, extensive backlogs without any effort to make payments are scrutinized heavily.

Penalties for Felony Child Support Evasion

When back child support is deemed a felony, the consequences can be severe. Here is an overview of possible penalties:

Legal Consequences

• Imprisonment: Penalties can include substantial jail time. Felony charges for unpaid child support can result in sentences lasting anywhere from one to five years, under Florida’s sentencing guidelines.
• Fines: Courts may impose hefty fines in addition to the arrears owed, further escalating the financial burden.
• Felony Record: A felony conviction remains on one's criminal record, potentially affecting future employment opportunities, housing, and more.

Civil Penalties

• License Revocation: The state can revoke or suspend driving licenses and professional licenses until compliance with payments is restored.
• Property Liens and Garnishments: Courts may place liens on property or garnish wages to recover past due support.
• Interception of Tax Refunds: State and federal tax refunds might be intercepted and directed towards due child support.

Enforcement Mechanisms

Florida uses various tactics to enforce child support orders and retrieve back payments:

Florida Department of Revenue Child Support Program

• This agency is instrumental in monitoring, collecting, and enforcing child support obligations. They can issue income deduction orders, intercept tax refunds, and, if necessary, initiate court proceedings for enforcement.

National Help from Federal Level

• Federal Prosecution: If state measures fail, the state can refer cases to federal authorities. The Deadbeat Parents Punishment Act makes crossing state lines to evade payments a federal crime.

Practical Steps for Noncustodial Parents

For those struggling with meeting child support obligations, the following proactive steps may prevent falling into legal trouble:

1. Communicate with the Court: Immediately communicate if there is a significant change in circumstances affecting income, such as unemployment or illness.

2. Seek a Modification: File a petition to modify the child support order if your financial situation changes drastically.

3. Record Keeping: Maintain clear records of all payments and correspondence to avoid misunderstandings that can lead to court enforcement.

Common Misconceptions about Child Support and Felonies

Misunderstanding “Willful” Neglect

Many believe that any missed payment constitutes willful neglect; however, the law considers intent and genuine inability to pay due to uncontrollable factors.

Belief that Payments “Go Away”

Some parents assume that child support obligations dissolve after a certain age of the child or completion of other milestones. However, arrears typically remain until fully paid.

FAQs

1. Can I be arrested for missing just one child support payment?

• Not typically for one missed payment; however, patterns of non-payment could lead to serious consequences, including arrest.

2. How can Florida’s Department of Revenue help in support cases?

• They offer services like locating absent parents, enforcing orders, reviewing and modifying payment amounts, and establishing paternity.

3. Are there defenses available against felony charges for back child support?

• Yes, defenses include proving inability to pay, demonstrating efforts made to comply, and showing significant life changes affecting financial circumstances.

Conclusion

Navigating child support obligations can be challenging, yet understanding Florida’s stringent approach toward non-payment is crucial. If faced with potential felony action for unpaid child support, it is paramount to seek legal advice promptly to explore options like modification of support orders or mediation. Remember, acting proactively by communicating with the court can prevent escalation to severe penalties, securing both your well-being and responsible parenting.