Is Non Payment of Child Support a Criminal Offense?

Non Payment of Child Support is a civil matter. Enforcement is based on local laws. father and sonHowever, in Pinellas County, delinquency can result in your drivers license being suspended.

According to the Pinlleas County Clerk of the Court website:

The Clerk of the Court can enforce Child Support in the following ways:

Notice of Delinquency resulting in Judgment by Operation of Law: Fifteen (15) days after a case becomes delinquent according to a site other than the Clerk's websiteS.61.14(6)(a)1, the Clerk sends the Obligor (also referred to as “payor” or “respondent”) a notice of delinquency to the address of record. The Obligor has fifteen (15) days to make payment in full or file a motion to contest.

1.   Payment in full must include fees listed on notice.2.   a site other than the Clerk's websiteMotion to Contest. Upon receipt of a motion to contest the Clerk will schedule a hearing and send out notices for the hearing date and time to the Obligor and Obligee (also referred to as “payee” or “petitioner”). After the hearing an order is issued concerning delinquency.

3.   If payment or Motion is not received within the fifteen (15) days, a Judgment by Operation of Law is filed. This will cause the support records to accrue interest on arrears balances. Interest is established at the rate for that year by the a site other than the Clerk's websiteFlorida Department of Financial Services (Office of the Chief Financial Officer of Florida).

Driver’s License Suspension for Child Support Only and Non-IV-D Cases (only for cases not enforced by the Department of Revenue Child Support).

1.   Upon written request from the Obligee the Clerk will verify delinquency on account and send a Notice of Intent to Suspend to the Obligor. Notice is sent by regular mail that is posted to the Obligor’s last address of record with the Department of Highway Safety and Motor Vehicles as provided under a site other than the Clerk's websiteS.61.13016FS and a site other than the Clerk's websiteS.322.245.2.   The Obligor may do one of the following:

  • Make the payment of delinquency in full to the Clerk of Court
  • Enter into a written agreement with the Obligee and provide the signed, written agreement to the Clerk for filing, or
  • File a a site other than the Clerk's websiteMotion/petition to Contest the delinquency. Upon receipt of the motion and a $32.00 fee, the Clerk will schedule a hearing and send notice of the hearing date and time to both parties.

Alexander Truluck focuses his practice as a criminal defense attorney in Clearwater, Palm Harbor, Largo, Dunedin and the Tampa Bay area.

For more information, visit our website at http://www.criminallawyerclearwaterflorida.com
or call (727) 799-3550.

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