Child Support & Alimony
We have complied the most frequently asked questions for your convenience. If you still have questions after you have reviewed the following information feel free to contact us: 850.926.0905
I received a delinquency notice saying I am behind on my child support payments. I know I am up-to-date. Why has this happened and what do I do now?
What does the child support division do?
What determines the amount of child support ordered by the court?
What are the child suport guidelines based on?
Can the child support amount ever change?
Will the child support payments be paid directly to me?
How will the central depository know about the child support owed?
When will the central depository send out the child support payment?
How can I find out if the child support payment has been received by the depository?
I received a delinquency notice saying I am behind on my child support payments. I know I am up-to-date. Why has this happened and what do I do now?
In order for a Notice of Delinquency to be issued, the depository records of the Clerk of the Court must reflect that a payment is more than 15 days late. If you feel the Notice of Delinquency was issued in error, there are several things you can do. You are stating that you know you are up-to-date, so the first thing you should do is call the depository, state that you received a Notice of Delinquency and you do not agree with the records. The depository clerk will access your case and review the records with you over the phone, if possible. Some cases are too involved for a phone review and you may be asked to bring your records or pay stubs, if your support is taken directly out of your paycheck, into the office for a more in depth review. There are a number of reasons why the depository records may not coincide with yours. These are just a few of the reasons:
- You have made payments directly to the custodial parent after the court ordered payments through the depository. Direct payments can be considered a gift and you may not be given the credit.
- You did not realize that you were responsible for making the payments until your employer started the deductions. Your employer has two weeks from the time they receive the court order until they have to start the deductions. That also applies when you change jobs. You must make the payments until your new employer starts deducting it from your check.
- There may be a change in circumstances that the depository is not aware of, such as a change in custody or the emancipation of a child. Always make the depository aware of any new court orders that affect your support payments.
- A payment has been remitted to the State Disbursement Unit but it is not posted on the depository records. Under these conditions the depository will request that the State Disbursement Unit research the payment. The Notice of Delinquency will be put on hold until the research has been completed. If speaking with the depository has not resolved the issue, you can contest the Notice of Delinquency and have a hearing before the judge assigned to your case. Some Clerk's offices offer a pleading packet for a small fee for your convenience.
Please keep in mind that your motion to contest must be filed within 20 days of the date of the Notice of Delinquency. If it is not filed and your case still reflects a delinquent balance, a Judgment by Operation of Law will be entered into the public records.
What does the child support division do?
The Child Support Division is within the Civil Division of the Clerk's office. Receipts and Disbursements for court ordered depository payments of alimony and child support are now handled under contract by the State Disbursement Unit (www.myfloridacounty.com). The Clerk's office maintains the official file on all court cases, has the official record of payment history and current status of payments, performs audits of the case upon request, and attends DOR's monthly Child Support Enforcement court hearings.
What determines the amount of child support ordered by the court?
In Florida, child support is governed by the guidelines established by Florida Statute.
A Child Support Guidelines Worksheet will show you and the court how the facts you have fit into the child support law of Florida. The Worksheet is based on MONTHLY paychecks and bills.
The child support guidelines establish the basic child support obligation for parents whose combined net income is between $7,800 and $120,000 annually. If the parents combined income is more than $120,000 annually, a formula is provided for the court to establish support beyond the guidelines amount. If the combined parents income is below $7,800, the court determines the child support on a case by case basis. For more information vist the Florida Child Support Calculator.
What are the child suport guidelines based on?
The child support guidelines amount is based on the number of children and combined income of the parents. The child support obligation is divided between the parents in direct proportion to their income or earning capacity. The parent with whom the child lives most of the time (the "custodial" parent) is paid the established support by the other ("non custodial") parent.
The court at its discretion may increase or decrease the guidelines support amount by up to 5%. The guidelines support amount may be increased or decreased by more than 5% if written reasons are given for the change.
Can the child support amount ever change?
Yes, child support can be modified by the court if there is substantial change in the circumstances of the family. If there is a change of 15% or $50.00 whichever is greater, in the child support guidelines, that may be reason for modifying child support. Usually the one of the parties in the case will have to petition the court for this to be considered.
Will the child support payments be paid directly to me?
After the court has decided the amount of the child support to be paid, a decision will be made as to whether child support payments should be paid directly to you or through the central depository and then to you.
How will the central depository know about the child support owed?
When the court enters an order beginning, enforcing or changing a child support duty, the court must enter a separate order for income deduction (for the last several years, courts generally order payments through the payroll deduction system). The order makes the obligor's (the person ordered by the court to pay support) employer keep a certain amount of money each time the obligor is paid, and send it to the central depository to be paid to the custodial parent. The Clerk's office will keep copies of all of those orders and will track all payments in light of that the latest court order.
When will the central depository send out the child support payment?
The State Disbursement Unit usually mails the payments out the same day it is received, but is by law required to do so within 48 hours of receipt.
How can I find out if the child support payment has been received by the depository?
You may contact the State Disbursement Unit (phone number: 850-201-0140 or www.myfloridacounty.com) to find out if a payment was received in the central depository, when the payment was disbursed by the depository and the amount of the payment. You may contact the Clerk's office to find out about arrearage (delinquent child support obligation). Be sure to have the nine-digit (e.g. 99-00000-99) case number available when calling either number. |
