Does A Florida Child Support Order Have A Statute Of Limitations?

Under the law, the term “statute of limitations” refers to a time period after which you may no longer file a lawsuit against another party. The time period will depend on the type of lawsuit being filed and the state in which the lawsuit is filed. For example, Florida’s statute of limitations for filing a personal injury lawsuit is two years. Prosecutors have a statute of limitations when it comes to filing criminal cases.

In this article, the Tampa, FL child support attorneys at Faulkner Law Group, PLLC will discuss the statute of limitations and child support orders.

How far back can one be assessed child support in Florida?

When a parent files an action for child support, the courts may look back up to 24 months or the date of the child’s birth for the purposes of assessing child support. In this case, the obligor (the parent who owes child support) will owe the other parent child support payments once the support order has been entered. That amount is typically assessed as an arrearage. The arrearage would be paid on top of the monthly child support payments. For example, if a child were 2 years old at the time when the child support action was filed, then the obligor’s child support obligation would extend from the child’s date of birth to the date when the child support was filed.

When do I stop paying child support payments? 

Child support payments continue up until the age of majority of 18 years old. In some cases, they can extend to 19 years if the child is still in high school. If the child has special needs and cannot support themselves, then child support payments continue indefinitely.

Sanctions against parents who do not pay child support

Under Florida’s laws, an obligor can face several sanctions related to a failure to pay child support. These include having professional licenses suspended, driver’s license suspension, and wage garnishments. If an obligor owes more than $2,500 in child support, they may not be able to obtain a passport. The federal government can garnish the obligor’s tax refund as well. In some cases, the obligor may be sent to jail over failure to pay child support. The government can take numerous actions against an obligor who does not pay child support.

Can I settle the arrearage without paying the full balance?

In some cases, you may be able to settle the arrearage without necessarily paying the full balance. In the majority of cases, that money is still owed to the custodial parent. The family law attorneys at Faulkner Law Group, PLLC have helped several obligors settle past-due child support payments. In some cases, the obligor can make a one-time cash payment to settle their debt with the other parent.

Talk to a Tampa, FL Family Law Attorney Today 

The Tampa family law attorneys at Faulkner Law Group, PLLC can help you settle a debt for child support or compel a non-custodial parent to pay child support that is owed. Call our office today to schedule an appointment, and learn more about how we can help.