Misuse of Child Support Payment

In Florida, child support is designed to ensure that children receive financial assistance from both parents, whether or not the parents live together. The funds are intended to cover essential needs such as food, clothing, education, healthcare, and housing. Misapplication or misuse of child support occurs when a custodial parent uses these funds for purposes other than supporting the child’s needs.

Child Support Misuse Payment Defense Attorney in Gainesville, FL

Child support payments are typically very exact in their purpose. If you do not use the payments correctly, you can face up years in prison if found guilty. However, there are many reasons why the use of child support payments might be misconstrued as misapplication.

If you have been charged with misapplication of child support, then you need to contact an experienced attorney.

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

Misapplication of Child Support in Gainesville, FL
Penalties for the Misapplication of Child Support
Enforcement and Investigation
Common Defenses in Child Support Misuse Cases
Additional Consequences
Additional Resources
Hire a Child Support Attorney in Gainesville, FL

Misapplication of Child Support

In some states, child support is an entirely civil matter. However, Florida makes it a criminal offense to misuse child support payments. Under law, these payments must be used for the child’s necessities, like food, clothing, and shelter. If a parent is found to instead be using the funds for personal use then the state may prosecute the parent under criminal law. This is because child support payments are seen as critical to meeting the needs of the child, and failing to do so is generally seen as being complicit towards child abuse.

Penalties for Misuse

Under Florida law, the willful misapplication of child support money is considered a serious offense. According to Florida Statute 827.08, if a custodial parent is found guilty of using child support money for purposes other than the child’s needs, they may face legal consequences. This offense is typically charged as a first-degree misdemeanor. The penalties for this charge can include fines, probation, or even jail time, depending on the severity of the misuse and any prior offenses.

In cases where a parent has repeatedly misapplied child support funds or if the misuse has significantly harmed the child’s well-being, the court may impose more severe penalties. Additionally, the offending parent may be required to repay the misused funds and could face restrictions or modifications to their custody arrangement.

Enforcement and Investigation

Florida’s Department of Revenue (DOR) is primarily responsible for enforcing child support orders. If the DOR or another concerned party suspects that child support funds are being misused, an investigation may be initiated. Public welfare agencies are also required to inform recipients of child support funds about the legal requirements and potential consequences of misuse.

If misuse is discovered, the case may be referred to law enforcement or the state attorney’s office for criminal prosecution. The court will typically review financial records and other evidence to determine whether the funds were used appropriately.

Common Defenses

Several defenses may be raised in cases involving the alleged misuse of child support money:

Proof of Proper Use: The parent may provide evidence showing that the funds were used for legitimate child-related expenses. This might include receipts for clothing, school supplies, medical bills, or other necessities.
Insufficient Evidence: The defense may challenge the sufficiency of the evidence presented by the prosecution, arguing that the state has not proven beyond a reasonable doubt that the funds were misused.
Financial Hardship: In some cases, a parent may argue that they used the funds for other essential purposes, such as rent or utilities, because of financial hardship, and that these expenditures indirectly benefited the child.
Dispute Over What Constitutes Misuse: There may be disputes over what types of expenditures are considered misuse. For example, spending on the household that provides for the child may be argued as legitimate use, even if the funds were not spent directly on the child.

Additional Consequences

Beyond legal penalties, misuse of child support funds can have other significant consequences. The parent may face a loss of trust in family court proceedings, leading to changes in custody or visitation rights. The court may also modify the child support order to ensure that the funds are being used appropriately in the future, possibly appointing a third party to manage the funds.

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.

Hire a Child Support Attorney in Gainesville, FL

Parents facing allegations of child support misuse should seek legal counsel immediately. An experienced family law attorney can provide guidance on how to respond to the charges, gather evidence to support their case, and navigate the complexities of the legal system.