What happens to child support arrears when a child turns 18 in Florida?
Asked by: Antonio Russel III | Last update: April 25, 2026Score: 4.7/5 (35 votes)
In Florida, a child turning 18 does not erase child support arrears (back payments); the obligation to pay remains until the debt is fully satisfied, with no statute of limitations for collection, allowing the custodial parent or the State to pursue enforcement actions like wage garnishment, tax refund seizure, or license suspension. While regular support usually ends at 18 (or graduation), the right to collect past due amounts continues indefinitely, often going to the custodial parent or the entity that provided support, though sometimes the adult child can claim it.
What happens to back child support when the child turns 18 in Florida?
In Florida, child support usually terminates when the child turns 18 years of age. However, this general rule doesn't apply when child support is owed by one parent to another prior to the time that the child reaches the age of majority and becomes a legal adult under Florida law.
How long can child support arrears be collected in Florida?
Child support arrearages do not have a statute of limitations. The State of Florida can collect child support arrearages for as long as necessary to recover back payments.
Who gets back child support after the child is 18?
Back child support owed after a child turns 18 generally goes to the custodial parent who raised the child, as it's seen as reimbursement for expenses. While the obligation to pay past-due support (arrears) usually continues, who ultimately receives it depends on state laws and court orders, though sometimes the child might receive it if the custodial parent is deceased or if a specific arrangement was made.
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.
In Florida, what happens when a child turns 18 and there is still a child support arrearage owed?
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.
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.
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 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.
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 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.
What is the new law for child support 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.
Why would a child support case be closed?
A child support case can close for reasons like the child turning 18/graduating high school, emancipation (marriage, military, court order), the child's death, parents reconciling, adoption, or if the paying parent dies or becomes incapacitated; cases can also close due to agency inability to locate parents or lack of cooperation, but often require court orders for termination even with life changes.
What looks bad in a child support case?
In child support cases, negative factors that look bad to a judge include lying, bad-mouthing the other parent, interfering with visitation, substance abuse, criminal activity, inconsistent income, and failing to follow court orders, all of which suggest a parent isn't prioritizing the child's best interest or showing respect for the court. Actions like posting negativity on social media, making threats, or involving children in disputes are also detrimental.
Is there a statute of limitations on child support arrears?
In California, there is no statute of limitations for arrears. Unpaid amounts remain collectible indefinitely. Legal action to collect these debts can be initiated at any time, regardless of how long the balance has accrued.
What are the consequences of being in arrears?
Sometimes being in arrears comes with penalties or fees and lenders or landlords might charge you a late fee if a payment is overdue. Continued arrears can lead to serious consequences like late fees, credit score damage, or even legal action.
Who can forgive child support arrears?
Child support arrears can potentially be forgiven or reduced, but it requires agreement between the custodial parent (CP) and sometimes the state, often needing a judge's approval through a formal court order, especially for arrears owed directly to the CP, while state-owed arrears (like from public assistance) have specific government programs for compromise, like in Michigan or California. A judge ultimately decides, considering the child's best interest and if the parents mutually agree, but forgiveness isn't automatic, as child support is seen as the child's right, not the parent's.
How long does it take to get a child support offset from an IRS refund?
For that reason, the actual amount that is deducted from the noncustodial parent's tax refund may differ from the amount on the Notice. Typically, the state child support office that submitted the noncustodial parent's case for tax refund offset receives the funds within two to three weeks.
What happens to taxes if you owe child support?
If your debt was submitted for offset, the BFS will take as much of your refund as needed to pay off the debt and send it to the agency you owe. The IRS will then give you a check or direct deposit for any remaining refund.
Is child support still in arrears after 18 in Florida?
In Florida, back child support—also called "arrears"—refers to unpaid support that accumulated under a valid court order. This debt covers both missed payments while the child was under 18 and any court-ordered amounts still outstanding once the child reaches the age of majority.
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 much child support arrears is a felony in Florida?
In Florida, back child support becomes a felony when you owe $5,000 or more for over a year, or if it's a fourth or subsequent offense for willful non-payment, carrying penalties like jail time (up to 5 years) and hefty fines, though misdemeanor charges usually come first for lesser amounts like $2,500 and four months' delinquency. Leaving the state to avoid payments can also trigger felony charges.
How to get child support arrears dismissed in Florida?
To terminate child support arrears, Florida parents must file a motion in family court, proving that child support payments were miscalculated, financial hardship prevents the parent from paying, or the final judgment needs modification.
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.