The Office of Child Support Enforcement (OCSE) assures that children receive the financial and medical support they deserve through locating parents, establishing paternity, identifying support obligations, and enforcing those obligations. The agency also helps ensure that child support payments are made in accordance with court orders.

When a parent is not paying child support as ordered, the child support agency can take many different types of action to collect money owed to the custodial parent. The agency uses a variety of tools, from the issuing of warrants to garnishment and execution.

Garnishment

The first step is to serve the parent with a Notice of Withholding Income for Child Support. This will direct the employer to deduct the money owed from the parent’s wages or benefits and send it to the child support agency. It can take an average of five to seven days for the payment to reach the agency’s processing center in Miami, depending on the frequency of the payments.

If the parent does not remit the money or fails to pay the child support, an Order of Contempt is filed against the parent in Family Court. This is a type of lawsuit where the judge will order the non-paying parent to show up at a hearing in Family Court, where the judge will determine whether or not the parent is in contempt and should be held responsible for paying the support.

A Writ of Execution is also filed against the parent who does not pay the child support, which instructs law enforcement to seize assets that the non-paying parent owns, and to sell them at auction in order to collect the delinquent support. The resulting proceeds are then used to pay back the child support arrears.

Issuing Warrants for Delinquent Child Support

The OCSE issues warrants to law enforcement agencies, including the sherriff’s department. The sherriffs can then arrest the non-paying parent and turn him over to the court for a hearing. If the parent is found to be in contempt, the court may impose jail time and other penalties, including an interest rate.

Issuing an Income Execution for Child Support

The non-paying parent can also be issued an income execution, which appoints the OCSE as a third party receiver to collect payments from the non-custodial parent’s employer. The OCSE works with the Florida Unemployment Compensation Commission to withhold money that the non-paying parent is entitled to receive from unemployment benefits.

In addition, the OCSE can issue liens or levies to attach and seize the assets of the parent who is not paying support. These liens or levies can include real estate, cars, bank accounts, and other assets that are deemed to be held by the non-paying parent.

Sometimes, a delay in child support payments is unavoidable. It may be that the custodial parent has lost their job or has a medical issue that affects their income. This is a good time for you to talk to a good family and divorce lawyer and work out a plan to adjust the order.

Health Insurance:

The OCSE can issue a National Medical Support Notice (NMSN) to employers that require the employer to obtain medical coverage for the non-paying parent’s dependent children as part of their employment. If the employer does not provide the necessary medical insurance, the OCSE can take other steps to enforce the order for the non-paying parent, such as issuing garnishment or requiring an employer to file an affidavit of compliance with the child support order.