What to Do If You’re Not Receiving Child Support

Florida law states that both the custodial and non-custodial parent must support their children financially. If you are a custodial parent who isn’t receiving child support, we can help. 

It is every parent’s responsibility to support their children, and we believe in protecting children in all situations. If your ex-spouse isn’t providing financially for your children, we want to help you hold them accountable and ensure justice is served.

Two different situations often present themselves when parents aren’t receiving child support: there is already a child support order in place, or there is not yet a child support order in place. We can help in both situations, but each is approached differently. 

If You Already Have a Child Support Order in Place

If you’ve already gone through the process of establishing child support, whether during divorce proceedings or otherwise, you are already headed in the right direction. If your ex-spouse isn’t paying the child support amount, you have a few options when it comes to enforcement. 

You can apply for child support enforcement with the Florida Department of Revenue, and they can start taking legal action to ensure your child support is paid. If your ex doesn’t comply, they can send a notice of delinquency, file a judgment against the non-custodial parent, place a lien on his or her property, suspend professional licenses, and garnish wages. 

You can also hire an attorney to represent you and take the non-custodial parent back to court for enforcement proceedings. While similar methods can be used to ensure timely payment, having an attorney on your side can get things moving a bit faster so that you don’t lose out on more financial support for your children. It also helps to have someone familiar with the system to speak on your behalf, negotiate the best outcome for your children, and advise you on next steps.

If You Don’t Have a Support Order Yet

If you don’t yet have a child support order established, you need to take the steps to do so. The sooner you do this, the sooner the order will be in place and the sooner you can begin receiving support for your children. While the options are similar to those above–applying for child support enforcement or hiring an attorney–the steps you will take in each will differ. 

Since you have to first establish the child support amount, you’ll need to begin by requesting a child support order. You can do this by contacting the Child Support Enforcement office with the Florida Department of Revenue, or you can hire a family law attorney to lead you through the process. Generally, you need to file for support first, and then the state will locate the noncustodial parent, establish paternity, and begin enforcement actions. 

The state of Florida uses several factors to determine the support amount, including the income of both parents, the cost of healthcare and childcare, and the amount of parenting time. 

Support When You Need It Most

The bottom line is that every parent should support their children. If you are not receiving support from your children’s other parent, we can help you. Our goal is to protect your children and defend you against any wrongdoing by their other parent. It is illegal for parents not to pay child support, and we are here to help ensure that your children have what they need to thrive. Contact the team at Adkins Family Law today to connect with our family law attorneys and get the help you need in establishing or enforcing child support.