Collecting Past-Due Family Support Arrears and Interest
Family support orders, whether for child support or alimony, play a critical role in providing financial stability for families following a divorce or separation. Unfortunately, when payments are missed or delayed, it can place significant strain on the recipient and create mounting financial stress. In Florida, unpaid support obligations are referred to as arrears, and they accrue interest over time, further increasing the amount owed.
Understanding how arrears are calculated, what interest penalties may apply, and the options available for collecting overdue support can empower you to take effective action. Consult with a Boynton Beach family law enforcement attorney to explore Florida laws regarding past-due child support and alimony, discuss how arrears and interest are determined, and discuss strategies for recovering unpaid family support.
What Are Arrears in Family Support?
Arrears refer to the unpaid portion of a court-ordered support obligation, whether child support or alimony. When an individual fails to make full payments on time, the amount due is considered “in arrears,” and the unpaid balance continues to grow until it is satisfied.
Florida courts treat unpaid support obligations seriously, as they directly impact the well-being of a dependent spouse or child. Unlike other debts, child support arrears cannot be discharged through bankruptcy, and courts have significant enforcement tools to compel payment.
How Are Arrears Calculated in Florida?
The calculation of arrears is based on the total amount of missed payments under the court-ordered support agreement. Here’s how it works:
Identify Missed Payments: Each support order outlines specific payment amounts and due dates. If payments are missed, partial, or late, the shortfall is added to the arrears balance.
For example:
- Court-ordered child support: $1,000 per month
- Payments made: $600 per month for three months
- Arrears balance: $1,200 ($400 x 3 months)
Ongoing Accumulation: Arrears accumulate monthly as long as the full amount owed is not paid. This balance continues to grow until the outstanding payments are satisfied.
Interest on Arrears: Florida law imposes interest on unpaid child support and alimony at a statutory rate. As of 2024, the interest rate for unpaid support is set at 5.81% per year but may vary annually. Interest begins accruing on the overdue balance as soon as a payment is missed. This means that the longer arrears go unpaid, the higher the balance grows due to compounding interest.
For instance:
- Total arrears: $10,000
- Annual interest rate: 5.81%
- Interest accrued annually: $581
In many cases, interest can become a significant part of the arrears balance, so it’s important to address unpaid support as soon as possible.
Child Support Arrears vs. Alimony Arrears
While both child support and alimony arrears are calculated similarly, there are some key distinctions:
Child Support Arrears
Courts place a higher priority on child support arrears because these payments are crucial for the well-being of children. Ensuring that children have the financial support they need for essentials like housing, education, and healthcare is a primary concern for Florida courts. To help enforce child support orders, the Florida Department of Revenue (DOR) provides specialized enforcement services designed to assist custodial parents in collecting unpaid support.
When a parent fails to meet their child support obligations, the state has several tools at its disposal to compel compliance. Penalties for non-payment can include wage garnishment, where a portion of the delinquent parent’s paycheck is automatically withheld and applied to the outstanding balance.
The state may also intercept federal or state tax refunds to cover unpaid child support, ensuring that funds owed to the child are collected efficiently. For more severe or repeated violations, enforcement actions may include driver’s license suspension or even the suspension of professional licenses, creating strong incentives to comply with court-ordered obligations.
In extreme cases, willful non-compliance can result in jail time for contempt of court. These measures emphasize the importance of fulfilling child support responsibilities and protecting the financial stability of the child.
Alimony Arrears
Alimony arrears occur when the paying spouse fails to fulfill their court-ordered spousal support obligations. Unlike child support, where state agencies like the Florida Department of Revenue provide enforcement services, there are no equivalent state-run programs to enforce unpaid alimony. This can make the process of recovering overdue payments more challenging for the recipient spouse.
However, Florida courts still have significant authority to ensure that alimony obligations are met. If a paying spouse falls behind, the recipient can petition the court to enforce the alimony order. Courts have several legal tools at their disposal to compel payment, including holding the non-compliant spouse in contempt of court, which may result in fines or even jail time for willful non-compliance.
Additionally, the court may order wage garnishment, where a portion of the paying spouse’s income is withheld and applied toward the arrears. For more substantial arrears, the court can also place liens on property owned by the delinquent spouse, preventing the sale or transfer of assets until the debt is resolved.
These enforcement measures ensure that spousal support obligations are taken seriously and that the recipient spouse has avenues to pursue the payments they are owed.
Collecting Arrears in Florida
If you are owed past-due child support or alimony, there are several legal tools available to enforce payment and recover arrears:
1. Income Withholding (Wage Garnishment)
The court can order the non-paying party’s wages to be garnished, meaning that a portion of their paycheck is automatically deducted and applied toward arrears. This method is one of the most effective ways to collect unpaid support.
2. Tax Refund Interception
For child support arrears, the Florida Department of Revenue can intercept federal or state tax refunds and apply them to the unpaid balance. This option is particularly useful for large arrears balances.
3. Driver’s License Suspension
Failure to pay child support may result in the suspension of the non-paying party’s driver’s license or professional licenses. This penalty serves as a strong incentive to bring payments up to date.
4. Liens on Property
The court can place a lien on real estate or other valuable property owned by the non-paying spouse. The lien prevents the individual from selling or transferring the property until the arrears are satisfied.
5. Contempt of Court
If a party willfully refuses to comply with a support order, the court can hold them in contempt of court. Penalties for contempt may include fines, mandatory payment plans, and even jail time.
6. Judgment for Arrears
The court may enter a judgment for the arrears amount, allowing the recipient to pursue collection through other means, such as levying bank accounts or garnishing other income sources.
Defenses and Modifications
While courts take unpaid support seriously, there are limited defenses available for non-payment. If the paying party has experienced a significant change in circumstances—such as job loss, illness, or other hardships—they may petition the court to modify the support order.
It’s important to note that modifications do not erase existing arrears; they only adjust future payment obligations. This makes it essential for paying parties to seek a modification promptly when circumstances change, rather than allowing arrears to accumulate.
The Importance of Acting Quickly
For recipients of unpaid family support, acting quickly is key to recovering arrears and minimizing the impact of compounding interest. The longer support remains unpaid, the higher the arrears balance grows, making it more difficult to collect in full.
Working with an experienced family law attorney can help you navigate the enforcement process efficiently, ensuring you receive the payments you are owed.
Contact the Law Offices of Taryn G. Sinatra, P.A.
Unpaid child support and alimony can cause financial hardship for families, but Florida law provides strong remedies to enforce support orders and collect arrears. By understanding how arrears are calculated, how interest accrues, and what enforcement options are available, you can take proactive steps to recover past-due payments.
If you are dealing with unpaid support, don’t wait to take action. Consulting a qualified family law attorney will ensure your rights are protected and help you navigate the process of recovering the support you and your family deserve.
If you need assistance collecting past-due child support or alimony, the Law Offices of Taryn G. Sinatra, P.A. is here to help. Our experienced family law team will guide you through the enforcement process and fight for the financial stability you deserve. Contact us today to schedule a consultation.
Source:
floridachildsupportcalculator.us/florida-child-support-arrears-balance
