Child Support Arrears Payment Guidelines

by Sara from Fort Myers, Florida, Lee County

My daughter graduates from high school next month. There is an existing garnishment order in place, taking out child support plus an additional 180 for arrears.

He has paid regularly for the past five years, although very limited payments prior to that. As a result he still owes $36,000.

I thought that the original garnishment order would remain in effect deducting the same amount until he has a balance of "0". 100% of the existing order to be applied toward the arrears.

I was told today, by Florida DOR phone operator that a new order would be sent to his employer upon graduation to deduct only the $180 per month to pay off the arrearages which contradicts prior conversations with them. I'm confused now, as I'm getting mixed messages.

Of course I then asked for a modification hearing, as paying 180 per month would take him near 20 years to pay off 36000. Do I need to go to court to modify order arrears payments or will existing order continue until paid in full? How does the court decide on arrears payments, 20 years is too long to pay off debt!

Answer to Florida Child Support Question

Dear Sara,

It is my understanding and my personal experience that Florida child support arrears are to be collected at the court ordered amount, until all arrears are paid in full.

The ongoing child support ends, but the same amount is garnished from his paycheck.

The DOR operators told me the same thing at one point.

I collected child support arrears, at the court ordered amount, until my son was well past age 18. I know how painful it is to call the DOR, but try calling them back and demand to speak to a supervisor.

Explain the situation, and tell them that you expect the full amount to be garnished from his check. You went all those years receiving nothing, while they were sleeping on the job.

If you still don't receive proper assurances that the court ordered amount will be deducted from his paycheck, there is contact information on the Florida Department of Revenue's website, for The Office of Taxpayer Rights. Call them.

At some point, and I don't know what triggers it, child support arrears can be reduced to a judgment in your favor. I believe, that if they have been unable to collect arrears for a certain amount of time, they finally give up, and issue a judgment.

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