What if Child Support Isn't Being Paid?

Attorney, Mary Hoftiezer Zogg proudly serves the Child Support Enforcement and Family Law legal needs of those in Orlando, Central Florida, and Montverde.

Call 321.209.1878 to schedule an confidential legal consultation regarding your Child Support Enforcement and Family Law matters.

Mary Hoftiezer Zogg, ESQ.

Once an order is entered requiring a parent to pay child support, that support will vest on the day that it is due. In legal terms, “vest” means a person is legally obligated to complete a task. Therefore, if you are ordered to pay your child support by the first(1st) of the month and you have not paid it by the second(2nd), then are officially late with your payment. Child support must be paid and is not backlogged. The court system expects you to pay your child support before any other necessities such as paying your rent, car insurance, student loans, etc. The court will expect you to sell your house and move to a cheaper apartment as opposed to skimping on your expect child support payments.

That being said, child support is modifiable. Typically, any change in circumstances that would result in a change of more $50-75 per month in support will be considered substantial, and, thus, subject to modification. Any change in child support will be modifiable retroactive to the date that you officially filed the petition for modification. Only in rare instances will the modification go back before the filing of the petition. For example, if you owed $800 in child support in February, but got the amount changed to $600 in March, you must still pay $800 for the month of February because the modification did not take place until the following month.

To modify your child support, you must show that there was a substantial, involuntary and unforeseen change in your finances since the entry of the last order for support. The new amount of child support must be at least $50-$75 less than what you currently pay. For example, if you are unable to pay your child support because you quit your job, then you will not be entitled to a change in the support because you made the decision to decrease your income. However, if you were laid off from your job and forced to take another job that pays you much less, then you may be entitled to a modification. In each case, you should ask an attorney to run the Child Support Guidelines (the mathematical equation that calculates child support) for you. These Guidelines will tell you approximately how much child support you will owe, depending on your income, and other relevant factors, such as time-share and the cost of health and child care.

If you fail to pay your child support and you have not asked for a modification, then an action for contempt and enforcement may be brought. This may be brought by the spouse who is owed the money, or the Department of Revenue may take action to assess and collect child support. Many tools may be used to punish a parent that is not paying child support. For example, their drivers license may be suspended. In severe cases, and typically after more than one motion for contempt has been granted, the court can put a parent in jail and require that a purge amount be paid in order for them to be released. To put it simply, if child support is not paid, there can be very serious repercussions.

Call Orlando and Central Florida Lawyer, Mary Hoftiezer Zogg at 321.209.1878 to discuss your Divorce and Family Law needs and goals.

Mary Hoftiezer Zogg has extensive experience in assisting Orlando, Winter Park, Maitland, Longwood, Central Florida and Montverde residents who require professional Child Support Enforcement and Family Law Attorney legal services.

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Mary Hoftiezer Zogg, ESQ.

Mary Hoftiezer Zogg, ESQ.

Attorney at Law

Mary Zogg, formerly Mary Hoftiezer has a multidisciplinary background which helps to provide a unique experience for her clients. She has an undergraduate degree in psychology and a Masters in Business Administration in addition to her law degree. This allows her to provide her clients with a full vision of the financial, emotional, and legal aspects of their cases.

Mary’s degree in psychology has provided her with the ability to listen and understand the emotional impact of a divorce or paternity action. She works to understand how you feel and takes these feelings into account when putting together a strategy as to how to resolve your case.

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Divorce and Family Law Attorney, Mary Hoftiezer Zogg Proudly Serves Central Florida

Serving the Child Support Enforcement and Family Law needs of those in Central Florida including Orange County Florida, including: Orlando, Maitland, Apopka, Winter Park, Alafaya, Bay Lake, Belle Isle, Bithlo, Christmas, Doctor Phillips, Eatonville, Edgewood, Fairway Shores, Goldenrod, Gotha, Hunter's Creek, Lake Buena Vista, Lockhart, Meadow Woods, Oakland, Ocoee, Orlovista, Pine Castle, Pine Hills, Southchase, South Apopka, Taft, Tangerine, Union Park, Wedgefield, Williamsburg, Windermere, Winter Garden, Zellwood, Osceola County Florida, including: Kissimmee, St. Cloud, Campbell, Celebration, Champions Gate, Deer Park, Four Corners, Harmony, Intercession City, Kenansville, Narc oossee, Poinciana, Reunion, Yeehaw Junction, Lake County Florida, including: Montverde, Clermont, Altoona, Astatula, Astor, Eustis, Ferndale, Fruitland Park, Grand Island. Groveland, Howey In The Hills, Lady Lake, Leesburg, Mascotte, Minneola, Mount Dora, Okahumpka, Paisley, Sorrento, Tavares, Umatilla, Yalaha.

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