Child Support Basics

What is child support?
Child Support is defined as money paid from one parent to the other for the benefit of their dependent or minor child(ren). See Florida Statutes s. 61.13.

How do I get child support for my child(ren)?
Child support is obtained through a Judicial Court Order or an Administrative Order. You have two options that provide assistance in obtaining this Order:

(1) Contact a private attorney; or
(2) Contact the Department of Revenue, Office of Child Support Enforcement

Payment Amount

What determines the amount of child support ordered by the court?
In Florida, the amount of child support is governed by the guidelines established by Florida Statutes s. 61.30.

What are the Child Support guidelines based on?
The child support guideline's dollar amount is based on the number of children and the 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 parent (the "non-custodial" parent).

The Court, at its discretion may increase or decrease, up to five percent, the guideline's dollar amount. The amount may be increased or decreased in excess of five percent if the Court agrees with written reasons given for the change. See Florida Statutes s. 61.30.

How can I get visitation credit?
If the Court Order states that visitation credit is allowed, the Clerk should adjust the record upon notification of both parties pursuant to the direction of that order. If the order is not specific, the Clerk should adjust the record only upon the entry of an Order directing the Clerk to credit the case for a given amount. See Florida Statutes s. 61.30(11).

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What if I can't pay the amount ordered?
Can the support amount ever change?
Payment reduction or increase?
Florida law states that child support can be reduced or increased if a substantial change has occurred. The custodial or noncustodial parent may request the amount change through the Motion for Modification process. It is through this process that the increase or decrease may be granted or denied. If a change is granted a Court Order will be issued stating the amount of increase or reduction. All pleadings must be filed in accordance with Florida Laws and the Rules of Civil Procedure. There may or may not be filing fees for the Motion for Modification process, you will need to contact the Clerk's Office where the latest order is filed. See Florida Statute 61.30(11).

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FEES: Do I have to pay a fee to the Clerk with each payment?
Criteria of the case determines whether or not you will pay a clerk fee.

If your case is:

(1) Filed through the Department of Revenue you WILL NOT pay a clerk fee, but there may be outstanding fees, such as the clerk's fee due that are owed
(2) A private case, you WILL pay a clerk fee. See Florida Statutes s. 61.181.

Stopping Payment

What age do my children have to be before I can stop paying child support?
What is the age of majority?
Child support generally stops at the age of majority, which in the State of Florida is 18. However, other states in the nation have varying ages. When a case is transferred to Florida from another state, the state that has continuing exclusive jurisdiction will determine the age of emancipation. It is suggested to read your order carefully. If your Court Order states otherwise, it supersedes the age of emancipation (or majority). For example: the Court Order directs support until the child graduates from college; therefore, support will continue after the child has reached the age of majority.

My child(ren) have emancipated (reached the age of majority), I should no longer have to pay child support. What can I do to terminate support?
The Clerk should adjust the record pursuant to the Court Order. The record would be researched to confirm the date of birth or any other information to confirm emancipation. If the information is not contained in the court file the parties must supply the information or the documentation needed for the adjustment to be made.

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How do I terminate support when my child turns 18 or graduates from high school? It depends on the specific language contained in the Court Order. It is suggested to read your order carefully. If you believe that your order includes an event that has occurred causing support to terminate, contact the Clerk's Office. If you believe that an event has occurred but is not included in the order, you may need to modify your Court Order by the Motion for Modification process through the Clerk's Office. You may wish to consult an attorney. See Florida Statutes s. 743.07.

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How and Where to Pay

Will the support payments be paid directly to me?
Can I send the payment directly to my spouse?

The Court Order states who receives the support payments. It is suggested to read the Order very carefully; failure to make payments may constitute contempt. If it is not instructed in your Court Order and you make direct payments to the custodial parent, you may not receive credit for payments. See Florida Statutes s. 61.13.

Can multiple cases be paid with one check?
Yes. To ensure proper payment and credit, all checks should include a distribution list. This list includes the case number, county name, custodial and non-custodial parent's names, non-custodial parent's Social Security Number, and the amount of money allotted to each case. See Florida Statutes s. 61.13(e).

Income Deduction Order (IDO)

What is an Income Deduction Order?
An Income Deduction Order or IDO is a Court Order instructing a payor's employer to withhold the child support payment (wage garnishment) from the payor's income and forward it to the State Disbursement Unit. See Florida Statutes s. 16.1301.

An Income Deduction Order was signed on (blank) date directing payments through the Clerk's Office. How can I have this issued?
Upon receipt of the employer's information, the Clerk's Office may mail the Income Deduction Order to the employer.

How long will it take to process?
The employer is required to comply with the order within 14 days. The employer is required to forward to the depository the amount deducted from the obligor's income within two days after each date the obligor is entitled to payment from the payor. Refer to Florida Statutes s. 61.1301(e) for more information.

Can the employer be reimbursed for this service?
The employer may collect up to $5.00 against the obligor's income for reimbursement of administrative costs for the first income deduction and up to $2.00 for each deduction thereafter. See Florida Statutes s. 61.1301(e).

The non-custodial parent does not make regular payments. How can I get the payments taken out of his/her paycheck?
Payments can be taken out of the non-custodial parent's paycheck through an Income Deduction Order. If you have a Court Order to receive child support, you will have to file the proper paperwork to petition the court for an Income Deduction Order in accordance with Florida Laws and Rules of Procedure. You may contract with your local Department of Revenue or contact a private attorney for assistance in obtaining an Income Deduction Order. See Florida Statutes s. 61.1301.

How can I have my support taken out of my paycheck?
Through an Income Deduction Order filed with the Clerk's Office. A petition for an Income Deduction Order, in addition to other proper paperwork, may be filed by you or your attorney with the Clerk's Office requesting that support be taken out of your paycheck. The Clerk's Office may submit the petition to the Judge's office. Upon receipt of the signed Order from the Judge, the county may send a copy to the employer. You should continue to make your payments until your employer processes the Order. There may be fees for this process; you will need to contact the Clerk's Office where the latest order is filed to obtain fee information. See Florida Statutes s. 61.1301.

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Do I have to get another IDO every time that there is a change of employment?
No, if there have been no changes in the regular support amount another copy of the Income Deduction Order may be mailed to the new employer if the employer information is supplied to the Clerk in writing.

Direct Deposit Support Payments

Do you offer direct deposit?
Yes, you can have your money directly deposited to your bank account, or in some cases to a Florida Debit Mastercard.

How does the direct deposit of my child support and/or alimony payments help me?

1. Your payments are not subject to postal service delays.
2. Eliminates lost or stolen checks.
3. You will not be required to go to the bank to deposit your payments. You will receive the deposits whether you are ill or on vacation.
4. If your case is enforced through The Florida Department of Revenue you can receive the deposits by direct deposit or to a Florida Debit Master card

Unpaid Child Support?

How can delinquent Child Support payments be enforced?

1. The Clerk's Office, pursuant to Florida Statutes s. 61.14(b)1, can file a judgment against a non-custodial parent if the account becomes delinquent according to the Florida Statutes. The judgment becomes a lien against any real property owned by the individual.
2. In private cases upon the request of the custodial parent, the Clerk's Office will initiate an action to suspend the driver's license privileges and motor vehicle registration of the delinquent noncustodial parent. If your case is being enforced by the Department of Revenue, contact that agency for suspension of driver's license information.
3. Contact a private attorney for assistance.
4. Contact your local Department of Revenue (child support enforcement) for assistance.

I received a delinquency notice stating 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 and the delinquency amount is greater than the periodic payment amount. If you feel the Notice of Delinquency was issued in error, you may file a motion to contest within 15 days from the mailing of the delinquency notice. You are eligible to file this response if you feel it is a case of mistaken identity or if you do not agree with the balance. See Florida Statutes s. 61.14(c).

State Disbursement Unit (SDU)