How long can child support arrears be collected in Florida?
Asked by: Tianna Franecki IV | Last update: February 5, 2026Score: 4.9/5 (66 votes)
In Florida, there is no statute of limitations for collecting past-due child support (arrears), meaning the Florida Department of Revenue (DOR) or a parent can pursue collection indefinitely, even if the child is an adult, through wage garnishment, liens, bank seizures, or other enforcement methods. While you can seek arrears at any time, it's best to act sooner, and the obligation generally ends when the child turns 18 (or graduates high school, up to age 19), though the collection of past due amounts continues.
What is the statute of limitations on child support arrears in Florida?
There is no statute of limitations in Florida for collecting back child support, so actions can begin at any time while arrears remain outstanding. Attorneys experienced in child support matters can provide crucial assistance for pursuing or defending against claims.
What happens to child support arrears when a child turns 18 in Florida?
In Florida, child support typically ends when a child turns 18 or graduates high school. However, back child support owed from prior periods remains payable. Payments are generally made to the custodial parent or state agency, not directly to adult children.
Does Florida forgive child support arrears?
Interest may apply: Florida law allows interest to accrue on past-due child support, increasing the total amount owed. Arrears do not disappear: Unlike other debts, child support arrears cannot be discharged in bankruptcy.
How far behind on child support before jail in Florida?
In Florida, jail time for child support isn't about a specific number of missed payments but about willful refusal to pay when you have the ability to, often after other enforcement (like license suspension, tax offset, bank seizures) fails, though a warrant can issue for serious delinquency, often when you're over four months late and owe $2,500 or more, leading to contempt charges with potential jail sentences up to nearly six months or a year for misdemeanors/felonies.
How Long Can Family Law Child Support Arrears Be Collected? - Family Law Gurus
What is the new child support law in Florida in 2025?
Florida's 2025 child support laws focus on stronger time-sharing considerations for lower payments with substantial overnights (20%+), streamlining modification requests, expanding enforcement tools like professional license suspension, and incorporating cost-of-living (COLA) adjustments, all under the state's established income shares model, with key changes emphasizing fairness, reduced litigation, and better tracking through digital payments.
How long before you go to jail for not paying child support?
If, under the same circumstances, the child support payment is overdue for longer than 2 years, or the amount exceeds $10,000, the violation is a criminal felony, and convicted offenders face fines and up to 2 years in prison (See 18 U.S.C. § 228(a)(3)).
What is the deadbeat dad law in Florida?
Florida has specific laws that protect the rights of the parent who has to pay child support and the one who is receiving child support payments. The laws concerning child support orders and the methods that Florida courts can use to enforce the payment of child support are colloquially known as the “Deadbeat Dad Law”.
How to eliminate child support arrears?
Dismissing child support arrears is difficult, but possible by negotiating with the other parent (who must agree and sign off), filing a court motion showing extreme hardship or fraud, proving the child lived with you (possession credit), or utilizing state-specific programs, with the ultimate goal being a judge's approval, often requiring legal help for proper filing and proof.
What is the 723 law in Florida?
Florida Statute Chapter 723 governs Mobile Home Park Lot Tenancies, establishing specific rights and responsibilities for mobile home owners and park owners, focusing on lot rentals for homes where the owner owns the mobile but not the land, with key provisions addressing unreasonable rent, rules, eviction procedures, and dispute resolution, applying primarily to parks with 10 or more lots. It provides protections against discriminatory rent hikes, requires mediation for major changes, and outlines grounds for eviction, ensuring fair practices in these landlord-tenant relationships.
How to terminate child support arrears in Florida?
Florida judges strive to ensure each minor child gets the financial support to which they're entitled, so terminating child support arrears isn't easy. Petitioning the Court: To terminate the child support arrears, you must file a motion with the same court that issued the original support order.
What happens when child support arrears are paid in full?
When child support arrears are paid in full, enforcement actions like wage garnishments, license suspensions, and bank levies stop, the debt is cleared from credit reports (though past negative marks remain), and the paying parent avoids further penalties, allowing them to regain certain financial and legal rights, while the receiving parent gets the overdue funds. The case record updates to reflect the zero balance, though some states continue to enforce the original order for current support until officially closed by the court or agency.
How far back can retroactive child support go in Florida?
Florida law dictates when a child is eligible to receive child support and how far back retroactive support can go. A custodial parent can only seek a maximum of 24 months' worth of retroactive support from the date of the filing of the petition for child support.
Who gets the interest on child support arrears in Florida?
If a parent is in arrears in paying child support, the Florida Department of Revenue will automatically charge interest on the amount in arrears. This can cause child support payments to drag on for years past the child's 18th birthday and make it very difficult to finally get your child support obligation paid off.
What is Donna's law in Florida?
Donna's Law in Florida (CS/HB 199) eliminated the statute of limitations for prosecuting sexual battery offenses against victims under 18, but only for crimes committed on or after July 1, 2020, allowing for prosecution at any time for these newer cases, named after survivor Donna Hedrick who advocated for the change after her own case was barred by the time limit.
What is the maximum garnishment allowed in Florida?
The maximum garnishment allowed in Florida under federal law is either 25% of your wages or the amount that your disposable income goes over 30 times the minimum wage, or 217.50 weekly, whichever of those two amounts is lower.
How to reduce arrears?
The key to reducing arrears is to follow up late loans quickly, form strong solidarity groups, update and enforce credit policies, focus credit officers' services in a specific geographic scope, not lend to start-up businesses, and provide financial incentives for credit officers.
Can I sue my ex for child support arrears?
If you intend to file a lawsuit against a non-custodial parent that is in arrears on child support, it's best to seek legal help from a professional firm. A family law attorney will be able to prepare your case so you have the best chance at getting the payments you are owed.
How far behind in child support before a warrant is issued in FL?
In Florida, a bench warrant for child support can be issued after four months of missed payments totaling at least $2,500 in arrears, potentially leading to felony charges, jail time, and fines, though enforcement starts earlier with notices at 15 days late and escalates with license suspensions, tax intercepts, and other measures for smaller arrears.
What is the new dad law in Florida?
Florida's new father law, the "Good Dad Act" (HB 775, effective July 1, 2023), gives unmarried fathers equal parental rights to mothers once paternity is established, allowing them shared decision-making and time-sharing without a court battle if they sign a Voluntary Acknowledgment of Paternity (VAP) with the mother. This law streamlines establishing legal fatherhood, making fathers natural guardians with rights to their child's health, education, and upbringing, while also affirming shared financial responsibility, moving away from the previous system where mothers automatically held primary rights for children born out of wedlock.
How long can you not pay child support before going to jail in Florida?
In Florida, jail time for child support isn't about a specific number of missed payments but about willful refusal to pay when you have the ability to, often after other enforcement (like license suspension, tax offset, bank seizures) fails, though a warrant can issue for serious delinquency, often when you're over four months late and owe $2,500 or more, leading to contempt charges with potential jail sentences up to nearly six months or a year for misdemeanors/felonies.
How many people are in jail for not paying child support?
In the U.S., over 5 million (7%) of children in the U.S. have a parent who is or was incarcerated. At least 20% of those, or about 440,000 of parents in prisons and jails, have a child support obligation.
Does the IRS always take your refund if you owe child support?
Then, if the noncustodial parent is due to receive a tax refund, the IRS has the authority to take the amount of overdue support out of the refund and forward it to the child support agency. This means the parent may receive a partial refund or none at all—depending on how much they owe and the original refund amount.
What happens if you don't make enough money to pay child support?
If you can't afford child support, don't stop paying; contact your state's child support enforcement agency or a lawyer immediately to request a modification based on reduced income, provide proof of hardship, and explore options like payment plans to avoid serious penalties, as courts can impute income or enforce payment through license suspension, wage garnishment, or even jail.