In Florida, child support laws are designed to ensure that both parents contribute to the financial support of their children. When a parent fails to pay court-ordered child support, it can lead to serious legal consequences including felony convictions.
Gainesville Child Support Criminal Defense Lawyer
Child support payments are a critical part of the state’s defense of children in dissolved marriages. It can be extremely difficult to support a child on a single paycheck, which is why the state takes late and missed alimony payments seriously.
However, there are legitimate reasons to have missed alimony payments, including during disputes or as a result of fraud. If you have received a criminal charge for missed alimony payments or have a warrant for your arrest, then you need to speak with an experienced lawyer immediately.
Contact the Galigani Law Firm today for a consultation about your criminal child payment offense throughout Alachua County in Florida. Dean Galigani is an experienced Gainesville criminal defense lawyer who will make every effort to help you avoid the most serious penalties in your particular situation.
Call at (352) 375-0812 or send an online message for a consultation about your alleged child support crime throughout the counties in Florida, including Marion County, Levy County, Columbia County and Gilchrist County.
Information Center
- Failure to Pay Alimony in Florida
- Legal Penalties for Not Paying Alimony
- Criminal Penalties for Not Paying Alimony
- Common Defenses
- Additional Resources
- Hire a Child Support Criminal Defense Attorney in Gainesville, FL
Failure to Pay Alimony in Florida
Alimony, also known as child support, is a financial obligation set by the court that one parent (the non-custodial parent) is required to pay to the other parent (the custodial parent) to help cover the child’s living expenses, including housing, food, clothing, education, and medical care. The amount of child support is typically determined based on the Florida Child Support Guidelines, which consider both parents’ incomes and the needs of the child.
Failing to pay alimony can result in a few legal, as well as criminal penalties.
Legal Penalties for Not Paying Alimony
Contempt of Court: Failing to pay child support can result in a contempt of court charge. Contempt occurs when a person disobeys a court order. In the context of child support, it refers to the failure to comply with the court-ordered support payments.
Wage Garnishment: One of the most common enforcement mechanisms is wage garnishment. The court can issue an order to garnish the non-custodial parent’s wages, meaning a portion of their paycheck will be automatically deducted and sent directly to the custodial parent to cover the child support arrears.
Tax Refund Intercept: The Florida Department of Revenue can intercept federal and state tax refunds of the non-custodial parent to satisfy overdue child support obligations.
Driver’s License and Professional License Suspension: The court may suspend the non-custodial parent’s driver’s license or professional licenses as a penalty for failing to pay child support. This can impact the parent’s ability to work or travel, further incentivizing compliance.
Liens: The court can place a lien on the non-custodial parent’s property, including real estate and personal property. This means that the property cannot be sold or transferred until the child support arrears are paid.
Criminal Penalties for Not Paying Alimony
Persistent failure to pay child support may lead to felony or misdemeanor charges.
In Florida, a non-custodial parent who willfully neglects to pay child support may be charged with a first-degree misdemeanor on the first offense. First-degree felonies are punishable for up to 1 year in jail and/or a $1,000 fine.
However, if the non-custodial parent:
1. Fails to pay child support for over a year;
2. Owes over $5,000 in arrears;
3. Has been charged with failing to pay child support for the 4th or subsequent time,
Then that parent may be charged with a third-degree felony. These convictions carry with them up to 5 years in prison and/or a $5,000 fine.
Common Defenses
While failing to pay child support can lead to serious consequences, there are certain cases in which you may not be required to pay:
Inability: One common defense is proving an inability to pay. If the non-custodial parent can demonstrate that they do not have the financial resources to make the required payments due to unemployment, disability, or other financial hardships, the court may adjust the payment amount. However, you must be willing to prove that you genuinely do not have the income to afford alimony payments. This includes income statements, bank records, and evidence of job search efforts. It’s important to note that in most cases you will likely see a reduction in child support payments, not a complete stoppage.
Dispute Over Amount: The non-custodial parent may argue that the amount of child support was incorrectly calculated or that their financial situation has changed since the original order was made. In such cases, the parent can request a modification of the support order. The court will review the case and determine if a change in the support amount is warranted based on the current circumstances.
Payments Made Through Alternative Means: Sometimes, a non-custodial parent may have made payments outside the court-ordered system, such as directly to the custodial parent or through other means. If the non-custodial parent can provide evidence of these payments, it may serve as a defense against claims of non-payment. However, it is generally advisable to make payments through the official court system to ensure proper record-keeping and compliance.
Errors in the Support Order: Errors in the child support order, such as clerical mistakes or incorrect information, can be contested. If the non-custodial parent can prove that the support order was based on incorrect information, they may seek a correction of the order.
Fraudulent Claims by Custodial Parent: In some cases, the custodial parent may claim more arrears than are actually owed. The non-custodial parent can challenge such claims by providing evidence to refute the custodial parent’s assertions.
Additional Resources
Child Support Legal Outline – The Florida Court System provides a legal outline for understanding child support. The guide is very long, but comprehensive. Overall, it covers: when you will need to pay child support, the purpose of child support, why child support is required, how child support is calculated and what happens if you don’t pay child support.
Child Support Enforcement – The 8th Circuit Court of Florida (located in Alachua County) provides a brief FAQ for child support, as well as an easy point of contact for child support enforcement questions.
What to do If There is a Warrant for Your Arrest – Read our article on arrest warrants to discuss your next steps if you have been notified that there is a warrant out for your arrest, or if you believe that one may have been issued. It is almost always better to have an attorney speak to the police on your behalf than to turn yourself in.
Hire a Child Support Criminal Defense Attorney in Gainesville, FL
Having a warrant out for your arrest is scary. But if you’ve missed a child support payment for valid reasons and have had an arrest warrant issued than you need to contact an experienced criminal defense attorney today.
Contact the Galigani Law Firm today for a consultation about your criminal child payment offense throughout Alachua County in Florida. Dean Galigani is an experienced Gainesville criminal defense lawyer who will make every effort to help you avoid the most serious penalties in your particular situation.
Call at (352) 375-0812 or send an online message for a consultation about your alleged child support crime throughout the counties in Florida, including Marion County, Levy County, Columbia County and Gilchrist County.
