How Child Support Works

Paternity
Support Orders
Income Deduction Orders
Noncustodial Parent Location
Enforcement Tools
Support Payment Receipt and Distribution
Parental Rights and Responsibilities

The Florida Child Support Enforcement (CSE) Program is charged with the responsibility of helping assure that children in Florida are supported by both parents.

When a parent does not provide support, there are legal and administrative remedies available to require that they support the child.

Cases are automatically referred to CSE when the custodial parent or caretaker relative has applied for and/or received public assistance.

In cases where public assistance is not a factor, an application for services must be made by one of the parents. This application must be accompanied by a one-time, $25 application fee.

Before a support order can be issued, paternity must be established for the child or children. There are several ways a man may be designated as the legal father.

1. The man and woman are married at the time of the child's birth.
   
    

2. The man signs a paternity affidavit. This may be done either at the hospital at the time of the child's birth or at a later date.
   
    

3. A court may enter an order declaring a man to be the legal father. Often, the court uses genetic testing to help establish evidence of paternity.

Once paternity is established, a support order can be obtained.

See the paternity brochure.

Support orders, while most commonly thought of as a dollar amount, also include medical insurance. A support order payment amount is determined by use of the Florida Child Support Guidelines. The guidelines take into account both parents' incomes, available medical insurance and specific financial obligations either may have.

CSE staff will inform the parents of the amount of support determined through use of the guidelines. If the noncustodial parent signs a document stating they understand and agree with the amount, a support order is issued.

If they do not sign an agreement, the order must be obtained administratively or by court action. If court action is required, much of what must takes place is no longer within CSE's control nor within CSE's ability to control the time it takes to finalize an order.

Administrative Support Orders

If the administrative process is used, each parent is sent a Notice of Proceeding to Establish an Administrative Support Order and a blank copy of the Financial Affidavit and Parent Information forms to complete and return to CSE.

A noncustodial parent must be served with these documents for the case to move forward. Each parent is required to return a completed financial affidavit. The amount of support a noncustodial parent must pay is based on financial affidavits provided by each parent and the child support guidelines.

Next, a proposed administrative child support order is sent to each parent with the completed guideline worksheet and copies of the financial affidavits.

Once the proposed support order is mailed, the noncustodial parent may:

1. Request an informal discussion with the Child Support Enforcement Program.
   
    

2. Agree to the proposed order.
   
    

3. Request an administrative hearing by sending a written request to the Child Support Enforcement Program within 20 days of the mailing.

A final administrative child support order is issued when one of the following occurs.

1. The noncustodial parent agrees in writing to the administrative child support order.
   
    

2. The noncustodial parent does not file a request for a hearing within 20 days.
   
    

3. An administrative hearing is held and the Division of Administrative Hearings issues an administrative child support order.

A copy of the final administrative child support order is sent to each parent by regular mail, and a certified copy is filed with the Clerk of Court. At the same time, income deduction is initiated if the noncustodial parent's employer is known.

Once a final order is issued, the noncustodial parent may still seek a judicial review of the final support order in the appropriate District Court of Appeals.

See the Administrative Support brocure.

Court Support Orders

Using the courts to establish a support order proceeds as follows:

1. CSE prepares a packet for the Program attorney. This packet contains information about each parent's finances, documentation on paternity and necessary court papers.
   
    

2. Attorneys working under contract with CSE review the information provided, prepare necessary court papers, and file an action with the Clerk of the Court in the county where the custodial parent lives.
   
    

3. The attorney or the Clerk of Court prepares a legal request (summons) for service of process (delivering the summons to the noncustodial parent). Normally, the sheriff in the county where the parent lives serves the summons. Other means of service includes private process servers. Service of process may take a month or more.
   
    

4. By law, the noncustodial parent has 20 days to respond to the summons once it is served.
   
    

5. After 20 days or a response from the parent, a hearing date is set. Typically, cases are set for hearing within two months but may take longer.
   
    

6. The hearing is held where all information presented to the judge.
   
    

7. A final support order is issued by the judge. This may take up to two weeks from the hearing date, depending on the court.

See steps to establish a support order.

In many cases, the noncustodial parent is employed and CSE can issue an Income Deduction Order (IDO) for payment of child support. Over half of all support collected comes from IDOs. An IDO is sent to the employer and requires them to automatically deduct the amount of the order from the parent's pay and send it to the Florida State Disbursement Unit. This is the entity, a contract vendor, that collects payments, records them and disburses payments to custodial parents.

Unfortunately, in some cases the employer is not known or the noncustodial parent can't be located, delaying the collection of money for the children.

While approximately 26% of noncustodial parents pay their child support in full and on time without enforcement actions, the rest often need some encouragement through use of a number of enforcement tools at CSE's disposal. However, before those enforcement tools can be used, the noncustodial parent must be located.

CSE uses a number of databases and other resources to locate parents and their assets. This may be the most difficult and time consuming part of the process. Noncustodial parents sometimes move without notifying anyone, work off the books, don't work at all and more just so they won't have to pay child support.

To overcome this, various data bases are matched against CSE's list of noncustodial parents who owe past due child support. Location tools include:

• Employer New Hire reporting. Required by law, employers must report all new hires to the Child Support Enforcement Program.

• Financial institution records.

• IRS information.

• Driver and other license records.

• Government program records.

• Utility company records.

• Internet databases.

The custodial parent is a key partner in this process.

Once the noncustodial parent's employer is located, an Income Deduction Order may be the key to start money flowing to the children.

Getting noncustodial parents to pay the full amount of support can be difficult, however, CSE has a number of enforcement tools at its disposal. These include:

1. Income interception from:

   • IRS tax refunds.

   • Lottery winnings.

   • Workers' compensation benefits.

   • Unemployment benefits.

   • Insurance settlements.

   
   
    

2. Asset enforcement - CSE can freeze and/or seize financial accounts. All in-state and some out-of-state financial institutions participate. Institutions check their records against child support delinquencies to provide account information to CSE for action.
   
    

3. Liens against property such as personal property, vehicles, boats mobile homes and real property legally prohibit any sale without satisfaction of the lien.
   
    

4. Reports to credit agencies - Support delinquencies are reported to credit agencies. The noncustodial parent must pay the past due support to remove the delinquency notice from the credit report.
   
    

5. Suspending licenses - The types of licenses/documents that can be suspended include:

   • Driver licenses.

   • Passports.

   • Professional licenses.

   • Vessel registrations.

   • Recreational licenses.

   
   
    

6. Judicial intervention - CSE can refer cases to the court system for judicial intervention. Possible penalties vary depending on the parent's past behavior and the court's determination.

   • Arrest order (civil) for failure to appear.

   • Jail time for up to 179 days for contempt of court.

   • Full or partial payment to purge contempt.

   • Misdemeanor and felony criminal prosecution by state attorney.

View a process map illustrating enforcement tools.

The law requires all support payments be sent to a single location, Florida's State Disbursement Unit, for processing and disbursing to the custodial parent. Payments can be made by mail or online with a credit card or e-check. Some support payments for custodial parents who receive cash assistance (TANF) are kept by the State of Florida as reimbursement for the money received through TANF.

A parent may check the status of payments received and disbursed by calling the State Disbursement Unit at 1-877-769-0251 or the Child Support Enforcement Voice Response Unit at 1-800-226-6777. Both are toll-free calls.

Other case information questions can be answered by calling the Customer Service Unit.

The parents and the Child Support Enforcement Program are partners in getting financial support for children. Both the mother and father have certain rights and responsibilities as parents of children who are served by CSE.

Custodial Parent Rights

A custodial parent has the right to:

• Confidential treatment of all private information given to CSE.

• Genetic testing to determine the father of the child if paternity has not been legally established.

• Request a review of a case if there is a question about a support collection or payment.

• Get an update on a case by calling our toll-free number 1-800-622-5437.

• Ask for a review of the amount of support payments.

Custodial Parent Responsibilities

A custodial parent is responsible for:

• Giving the Child Support Enforcement Program as much information as possible, such as the noncustodial parent's full name, social security number, date of birth, physical description, home address, and place of employment.

• Providing copies of all support orders, such as a divorce decree, marital separation agreement, temporary support order, injunctions, court documents from other states or any other orders.

• Cooperating with the Child Support Enforcement Program. Parents who do not cooperate may have their case closed or have their public assistance benefits denied.

• Notifying the Child Support Enforcement Program and the court when circumstances change such as a change of address.

• Providing information to the Child Support Enforcement Program about medical insurance that could cover the child.

Noncustodial Parent Rights

A noncustodial parent has the right to:

• Ask for a review of the amount of support payments.

• Get an attorney to represent them on support issues. They will be responsible for paying attorney's fees. If they have hired an attorney, all communications initiated by CSE will be directed to their attorney.

• Ask for a genetic test if they don't think the child is theirs and paternity has not been legally established.

Noncustodial Parent Responsibilities

A noncustodial parent is responsible for:

• Paying support in full and on time.

• Notifying the Child Support Enforcement Program and the court whenever they change jobs, move, or have other changes in their circumstances.

• Paying administrative costs such as court fees and charges for genetic testing when ordered.

• Providing information to the Child Support Enforcement Program about medical insurance that could cover the child.