Child support is meant to help the custodial parent care for their child after a divorce or a breakup. It’s how the non-custodial parent can still help provide for their child when they cannot share physical custody. Or at least, this is the goal of child support.
The truth is that not everyone who has children is able and/or willing to contribute financially to helping their ex-partner raise their children. About 30% of parents who are owed child support do not receive it. Parents who are reported for not paying child support can face legal consequences, such as time in prison. This begs the question of whether someone can waive child support fees, or skip child support altogether.
The online divorce attorneys at Untying the Knot Online can explain if child support waivers are available in Florida and what options parents have when they can’t afford child support or aren’t receiving child support.
Can Child Support Fees be Waived?
In Florida, child support is considered a child’s right. Because of this, the parents cannot waive their responsibility to pay child support, nor can the custodial parent waive the right to receive child support.
The Florida courts generally hold that child support is in the child’s best interest since it is meant to be used for their well-being. This is why child support cannot be waived even if both parents agree to it.
How Can You Have Child Support Removed?
Sometimes, without warning, life-changing events that affect your or your ex-partner’s ability to pay child support occur. When this happens, a parent is not left to suffer the consequences without help. You can petition the court to have child support temporarily or permanently suspended. Whether or not you can depends on several factors:
- How much time each parent spends with the child
- Each parent’s financial situation
- The events that led to each parent’s current financial situation
- How much money is still owed in child support payments
- How much child support payments help with raising the children
The court can review this information and approve or disapprove permanently or temporarily ceasing child custody payments. Even if they disapprove the request to cease child custody payments, it’s still possible to try to reduce their cost. The court wants child support to help raise the child but also not leave the parent in poverty.
If you are considering any modifications or agreements regarding child support, contact our child support attorneys to schedule a consultation.
What are the Consequences of Missing Child Support Payments?
Not paying child support in Florida can lead to several serious consequences. This is why it’s so important to file to have child support payments reduced or ceased, even temporarily, as soon as possible. The state has stringent measures in place to enforce child support orders and ensure that children receive the financial support they need. Here are some of the potential consequences:
- Wage Garnishment: The court can order an employer to withhold a portion of the non-paying parent’s wages to cover child support payments.
- Tax Refund Interception: State and federal tax refunds can be intercepted and applied to any outstanding child support payments.
- License Suspension: Driver’s licenses, professional licenses, and recreational licenses (such as fishing or hunting licenses) can be suspended until child support payments are brought up to date.
- Contempt of Court: Missed payments can lead to a contempt of court finding, which can result in fines or even jail time.
- Credit Reporting: Missed or late child support payments can be reported to credit bureaus, negatively impacting the non-paying parent’s credit score.
- Liens on Property: After missing payments, liens can be placed on real estate and personal property owned by the non-paying parent.
- Passport Denial: The U.S. Department of State can deny the issuance or renewal of a passport if someone owes $2,500 or more in child support.
- Seizure of Assets: Bank accounts and other financial assets can be seized to satisfy child support debts.
- Judgment and Interest: A court judgment can be obtained for the unpaid amount, which may include interest and penalties.
- Criminal Charges: In extreme cases, failure to pay child support can lead to criminal charges under both state and federal laws.
Check Out Untying the Knot’s Online Services For Help Handling Child Support
The child support attorneys at Untying the Knot offer divorce and post-divorce services online to reduce the cost and time of this lengthy legal process. With our extensive knowledge and experience, we have been able to offer our legal services a la carte. Our attorneys are available to help throughout the divorce process, so your specific needs are addressed and you can be one step closer to your post-divorce life. Contact us today for more information.