Child Support
Part 1 - Jurisdiction
Constitutional requirements
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Does asserting child support jurisdiction over
a non-resident defendant meet International
Shoe “minimum contacts”?
Is the assertion of jurisdiction consistent with
“traditional notions of fair play and substantial
justice”?
General vs Specific Jurisdiction
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General: Are the defendant’s activities in the
state “continuous and systematic”? If so,
state may assert general jurisdiction
Specific: Did the defendant “purposefully
direct” his/her activities at the residents of the
forum state and the injuries to those
residents arose out of or relate to those
activities?
Parker v Alaska Dept of Revenue
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Single act of sexual intercourse in that forum
state can provide that state with specific
jurisdiction over non-resident defendant for
determination of paternity and child support
A person engaging in sexual intercourse
should foresee the possibility that a child
might be conceived and born, and that a
support action might be filed
Uniform Interstate Family Support Act
(UIFSA)
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Adopted by every state
Replaced older statutes such as the Uniform
Reciprocal Enforcement of Support Act
(URESA)
URESA was a “de novo” statute that allowed
responding state to modify original order, not
just enforce
UIFSA is a “continuing exclusive jurisdiction”
statute allowing enforcement, but not
generally modification
Two types of UIFSA cases
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One State: Provides for “long-arm” personal
jurisdiction over non-resident defendants if
constitutional requirements are met (“one
state” actions)
Two State: Allows “two state” actions if
personal jurisdiction cannot be obtained in
forum state. Initiate where child resides, then
“transmute” the action to the state where
defendant resides
UIFSA basis for “one-state”
jurisdiction (Fl. Stat. § 88.2011)
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The individual is personally served with citation,
summons, or notice within this state
The individual submits to the jurisdiction of this state
by consent, by entering a general appearance, or by
filing a responsive document having the effect of
waiving any contest to personal jurisdiction
The individual resided with the child in this state
The individual resided in this state and provided
prenatal expenses or support for the child
UIFSA “one state” jurisdiction
(Continued)
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The child resides in this state as a result of the acts
or directives of the individual (is this
constitutional?)
The individual engaged in sexual intercourse in this
state and the child may have been conceived by that
act of intercourse
The individual asserted parentage in a tribunal or in
a putative father registry maintained in this state by
the appropriate agency, or
There is any other basis consistent with the
constitutions of this state and the United States for
the exercise of personal jurisdiction
How interpreted?

Basing UIFSA jurisdiction on the father's
mere acquiescence to his child remaining in
Florida violates the Due Process Clause of
the Fourteenth Amendment. Wright v Lewis,
849 So.2d. 379 (Fla. 4th DCA 2003)
Two-State Jurisdictional Issues
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State issuing child support order retains
continuing exclusive jurisdiction over the
order as long as either the obligee, the
obligor, or the child resides in the issuing
state
Parties who are individuals (not a state
agency) may file written consents with the
issuing court allowing a court of another state
to modify the order and assume continuing
exclusive jurisdiction
Two State Process – Initiating State
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An individual or support enforcement agency
files an action to determine paternity or to
establish, modify, or enforce a support order
Court of initiating state forwards three copies
of petition to responding state where the
defendant resides
Merely a ministerial act, no adjudication
takes place in initiating state
Two State Process – Responding State
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Receives petition from initiating state and
serves defendant by First Class Mail
Conduct hearing and determine duty of
support and amount payable in accordance
with responding state’s law and support
guidelines, enter order
Except in cases of modification of existing
order from initiating state, when law from
initiating state is applied
Jurisdiction for Retroactive Support
Orders


The 1998 enactment of Fla. Stat. 61.30(17)
modified prior case law.
The statute provides that "the court has
discretion to award child support retroactive
to the date when the parents did not reside
together in the same household with the
child, not to exceed a period of 24 months
preceding the filing of the petition,
regardless of whether that date precedes the
filing of the petition."
Child Support
Part 2 – Support
Determination
Purpose of child support?

Meet child’s subsistence or minimal level
needs
–
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This view has been universally rejected
Support the child consistent with a standard
of living based on the incomes of the parents
–
Underlying assumption of all guideline models
Historical standard for child support
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Meet the needs of the child
Within the parents’ ability to pay
Many states and local courts had informal
guidelines or “rules of thumb” that were not
mandatory or presumptive
Modern standard: Guidelines
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Every state has a guideline
There are several guideline types or models
Support is presumptively set based on
guideline
Deviation from guideline rare, must make
written finding showing why guideline amount
is “unjust or inequitable”
Why guidelines? The federal mandate
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Congress determined that overall support
levels were too low and there was too much
case to case variation based similar facts
Congress issued mandates:
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First - that each state develop and implement a
statewide guideline
Second – that the statewide guideline be
presumptive for both establishing and modifying
support orders
Benefits of Guidelines
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Increase support levels so they more accurately
reflect the true cost of raising children
Make support orders more equitable by reducing
differences between orders on similar facts
Reduce the adversarial nature of support
proceedings and encourage settlements due to
greater predictability
Ease the burden on the courts by streamlining the
decision-making process
Guideline Models
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Income Shares
Percentage of Income
Melson (Delaware)
Cassetty
Income Shares
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Most common guideline (FL and a majority of
other states)
Child should receive the same proportion of
total parental income as he/she would have
received if the family were intact (two parent
household)
Income Shares Methodology
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Determine total combined incomes of both parents
Use economic data to determine what percentage of
total family income is spend on a child at the relevant
total family income level
Multiply that percentage by total family income to
determine the total support amount for the child
Apportion that support between the parents based
on a ratio of their respective incomes
Income Shares Example
Mom makes $4000 net per month
 Dad makes $2000 net per month
Total Family Income is $6000 per month
 Assume that the economic data shows that families
with $6000 in net monthly income spend 20% of that
income on one child, or $1200 per month
 Apportion that $1200 support amount between the
parties based on a ratio of their incomes
– Mom pays $800
– Dad pays $400

The underlying economic data
Thomas Espenshade, New Estimates of
Parental Expenditures (1984)
 Robert Williams, “Guidelines for Setting
Levels of Child Support Orders”
Both Espenshade’s book and Williams’ article
are based on Department of Agriculture data
from the 1980’s

Common threads in underlying data
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As income goes up, the percentage of
income spent on children declines
As the number of children in the family
increases, the percentage of income spent
on each child decreases
Fixed Percentage (Wisconsin)
Guideline Model
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This is the method most states used, formally
or informally, before the federal government
mandated guidelines
Support is set at a fixed percentage of the
non-custodial parent’s income
Percentage varies with number of children in
the family, but not with income
Melson (Delaware) Formula
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Named for its developer, Judge Edward Melson, a
family court judge in Delaware
Allows parents to keep enough income to meet basic
needs (to avoid destroying the incentive to work)
All income above parents’ basic needs goes to child
support until child’s basic needs are met
Once child’s basic needs are met, all additional
parental income is shared with the children so they
can benefit from the parents’ increased standard of
living
Melson Methodology
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Determine each parent’s “net available income,”
which is net income after subtraction of a basic
needs allowance
Determine the child’s subsistence level support
needs
Prorate the child’s needs between the parents based
on a ratio of the parents’ respective net available
incomes
Use a “Standard of Living Allowance” or SOLA to
determine what percentage of the each parent’s
remaining income is allocated to child support
Melson Example
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Mom makes $4000 per month
Dad makes $2000 per month
Each parent has a $1000 monthly basic
needs allowance, leaving Mom with $3000 of
income available for support and Dad with
$1000 available for support
Melson Example (Continued)
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Child has basic support need of $250 per
month, which is apportioned between Mom
and Dad based on ratio of net available
income
Mom has $3000 (75%) and Dad has $1000
(25%), so Mom pays $187.50 and Dad pays
$62.50
Melson Example (Concluded)
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Apply Standard of Living Allowance (SOLA) to
remaining income of each parent
SOLA for one child is 15%
Applying 15% SOLA to Mom’s remaining income of
$2,812.50 ($3,000 less basic child support of
$187.50) adds another $421.88 to her monthly
support, for a total of $609.38
Applying 15% SOLA to Dad;s remaining income of
$937.50 ($1,000 less basic child support of $62.50)
adds another $140.63 to his monthly support, for a
total of $203.13
Cassetty (Income Equalization) Model
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Most radical approach of the four models
Not in use anywhere
Goal is to provide equivalent living standards
in the two post-divorce households
Cassetty Methodology
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Exempt from the net incomes of each parent
enough income to support that parent’s postdivorce household at the poverty level
(similar to Melson)
Apportion all remain family income between
the two households based on the number of
persons in each post-divorce household
Cassetty Example
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Mom makes $4,000 net per month and lives alone
post-divorce
Dad makes $2,000 net per month and has custody
of the two children
2005 federal poverty level is $798 for a family of one
and $1,341 for family of three
Dad has $659 above poverty level and Mom has
$3,202, for a total of $3,861
Dad gets 75% ($2,895) of the $3,861 and Mom gets
25% ($965.25) of the $3,861, which results in Mom
paying Dad $2,236.75 per month
Comparison of the four models

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Income Shares guidelines tend to depress child
support levels at high incomes and increase it at
very low incomes
Melson tends to increase child support at high
incomes, but reduce it at very low incomes
Cassetty increases support at moderate and high
incomes
Fixed percentage tends to increase child support at
high incomes, unless the guideline has a cap
Child Support
Part 3 – Determining
Support in Florida
Duty to support children
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The court may require either or both parents to pay
support in accordance with the guidelines, whether
the child is born in or outside of marriage
Every child support order must contain a provision
for health insurance for the child when insurance is
reasonably available
The cost of health care coverage and uncovered
expenses is apportioned between the parents based
on a ratio of incomes
Parent cannot bargain away a child’s right to support
When does that duty end?
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Support typically ends at the age of majority (18)
A court may order child support beyond the age of
majority if the person is dependent in fact, is
between the ages of 18 and 19, and is still in high
school performing in good faith with a reasonable
expectation of graduation before the age of 19
If there is a reasonable expectation of graduation
within a short time period after a child's 19th
birthday, child support may be ordered beyond age
19
What about college expenses?

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The court cannot order a parent to finance a child's
college education. Grapin v. Grapin, 450 So. 2d 853
(Fla. 1984)
But parties may contract in their Marital Settlement
Agreements to provide for college education or other
support beyond majority
These contracts are enforceable by the court. Finn v.
Finn, 312 So. 2d 726 (Fla. 1975), McIlmoil v.
McIlmoil, 784 So. 2d 557 (Fla. 1st DCA 2001)
Death of the Obligor?

States are split on this issue
Florida’s Income Shares Guideline
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Florida's child support guidelines contain a
schedule of support based upon a combined
net income of up to $10,000 a month
The schedule is found at Fla. Stat. § 61.30
Variations of up to 5% above or below the
scheduled amount are permitted without
triggering a finding of “deviation”
High income cases

For incomes exceeding the $10,000
schedule ceiling, the amount of support
determined by the schedule should be added
to the excess income multiplied by:
– 5% for one child
– 7.5% for two children
– 9.5% for three children
– 11 % for four children
– 12% for five children
– 12.5% for six children
Determining Monthly Net Income


Need to first determine gross income
including everything in the guideline statute,
Fla. Stat. §61.30(2)(a)
Then subtract those deductions allowable
under the guideline statute, Fla. Stat.
§61.30(3)
–
Not the same as tax code deductions
What is included in gross income for
child support purposes?
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Salary or wages
Bonuses, commissions, allowances, overtime, tips,
and other similar payments
Business income from sources such as selfemployment, partnerships, close corporations, and
independent contracts
Disability benefits
Worker's compensation
Unemployment compensation
Pension, retirement, or annuity payments
Social security benefits
Also included in gross income for child
support:
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Spousal support received from a previous marriage or court
ordered in the marriage before the court
Interest and dividends
Rental income, which is gross receipts minus ordinary and
necessary expenses required to produce the income.
Income from royalties, trusts, or estates.
Reimbursed expenses or in-kind payments to the extent that
they reduce living expenses. Per diem expenses are not
included. Allowances for travel, housing, and vehicle or gas are
included.
Gifts, which are continuing and regular in both amount and
timing
Gains derived from dealings in property, unless the gain is
nonrecurring
What is deducted from gross income
to determine net income for child
support?
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Federal, state, and local income tax deductions,
adjusted for actual filing status and allowable
dependents and income tax liabilities
Federal insurance contributions or self-employment tax
Mandatory union dues
Mandatory retirement payments
Health insurance payments, excluding payments for
coverage of the minor child
Court-ordered child support for other children which is
actually paid
Spousal support paid pursuant to a court order from a
previous marriage or the marriage before the court
Sample Florida Income Shares Support
Calculation
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Mom has $4,000 net monthly income
Dad has $2,000 net monthly income
Total of $6,000 net monthly income results in a total
basic support obligation of $1,121 for one child (see
statutory table or worksheet)
That is apportioned between the parents based on a
ratio of their incomes.
Mom’s support obligation is 67% x $1,121, or
$751.07, if Dad has custody.
Dad’s support obligation is 33% of $1,121, or
$369.93 if Mom has custody.
Court can also consider other factors
as provided in Fla. Stat. §61.30(11)(a) to
“Deviate” from guideline amount:
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The existence or expectation of extraordinary medical,
psychological, educational or dental expense
Independent income of the child, not including supplemental
social security income received on the child's account
Payment for support of a parent which regularly has been paid
and for which there is a demonstrable need
Seasonal variations in one or both parent's income or expenses
The age of the child, taking into account the greater needs of
older children
Special needs that have been traditionally met within the family
budget even though fulfilling those needs will cause the support
to exceed the guidelines
Total available assets of the obligor, obligee, and the child
Other deviation factors:
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Impact of the IRS dependency exemption and the waiver of
same. (The court has jurisdiction to order a party to execute a
waiver to the other)
Where the guidelines would require a person to pay more than
55 percent of his gross income for a child support obligation for
current support resulting from a single support order
Where the child spends a significant amount of time, but less
than 40% of overnights, or. refusal of the non-custodial parent
to become involved in the child's activities
Any other adjustment which is needed to achieve an equitable
result. This could be a necessary debt or expense incurred
during the marriage which has been assumed by one of the
parties
“Good Fortune’ cases
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Where non-custodial parent is wealthy (for
example, a professional athlete), the court
may order that support beyond what is need
to meet the child’s needs (consistent with the
lifestyle of the parents), be paid to a guardian
and supervised by the probate court. Finley
v Scott, 707 So. 2d 1112 (Fla1998).
Finley v Scott: Two competing
concerns

In this case, the mother is raising the child on a
much lower standard of living than would be
established by the father, if the child were living at
his current lifestyle [as a professional athlete] of
$266,926.00 gross income per month. He could well
afford, for example, a full time nanny, housekeepers,
international travel, residence in a mansion with high
attendant expenses, and transportation in expensive
automobiles--a portion of which could be allocated to
this child.
Finley v Scott, the other side:

However, the mother is not able, in this case, to live at that
standard of living. She must provide for herself and her other
two children. They cannot benefit from the child support paid for
this child, although the mother tried to do so, and has been
properly reprimanded by the trial court for that effort. At her
standard of living, the trial court found that only $ 2,000.00 was
actually being spent on this child. However, if the father's child
support obligations are limited to this level, the child will not
share in her father's much higher standard of living and
lifestyle. Clearly the "needs" of this child should not be
solely based on what the mother can afford to spend on
her, consistent with the mother's much lower standard of
living. That also would be inequitable.
If deviating from guideline:
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Court must make written findings of the facts
supporting deviation
Court must conclude that, based on those
factual findings, application of the guideline
amount would be “unjust or inappropriate”
These findings must be made even in those
cases where the parties agree to a deviation
“Substantial time” adjustment in Fla.
Stat. §61.30(11)(b) – added in 2001

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Where the court ordered or agreed-upon
custody/visitation schedule has the child spending a
“substantial amount of time” with each parent,
there will be an adjustment in support to account for
the non-custodial parent’s greater than typical
assumption of the day to day costs of childrearing
“Substantial amount of time" means that the noncustodial parent exercises visitation at least 40
percent of the overnights during the year
Formula is cumbersome, so use software to calculate
adjustment
Subsequent Children adjustment (Fla.
Stat. §61.30(12)
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May only be raised in a proceeding for an upward
modification of an existing award and may not be
applied to justify a decrease in an existing award
Court may disregard the income from secondary
employment obtained in addition to the parent's
primary employment if that employment was
obtained primarily to support the subsequent
children
Not generally a basis to deviate from the guideline. If
the existence of subsequent children is raised, the
income of the other parent of the subsequent
children shall be considered by the court in
determining whether or not there is a basis for
deviation from the guideline amount
Failure to Visit adjustment - Fla. Stat.
§61.30(11)(c)
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A noncustodial parent's failure to regularly
exercise court-ordered or agreed visitation
not caused by the custodial parent may
result in an adjustment (increase) in child
support
A modification for failure to regularly visit
shall be retroactive to the date the noncustodial parent first failed to regularly
exercise court-ordered or agreed visitation
Additional Support (beyond guideline)
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Child Care Expenses
Health Care Insurance and Uninsured
Expenses
Child Care Expenses, Fla. Stat.
§61.30(7)
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Child care costs incurred on behalf of the children due to
employment, job search, or education calculated to result in
employment or to enhance income of current employment of
either parent shall be reduced by 25 percent and then shall be
added to the basic obligation
After the adjusted child care costs are added to the basic
obligation, any moneys prepaid by the noncustodial parent for
child care costs for the child or children shall be deducted from
that noncustodial parent's child support obligation for that child
or those children.
Child care costs shall not exceed the level required to provide
quality care from a licensed source for the children.
Health care insurance and expenses,
Fla. Stat. §61.30(8)
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
Health insurance costs and any noncovered medical,
dental, and prescription medication expenses of the
child, shall be added to the basic obligation unless
these expenses have been ordered to be
separately paid on a percentage basis
After the health insurance costs are added to the
basic obligation, any moneys prepaid by the
noncustodial parent for health-related costs for the
child or children of this action shall be deducted from
that noncustodial parent's child support obligation for
that child or those children
What about private school tuition as
child support?
No uniform view around the U.S, but in Florida, the
answer is yes, if any of the following apply:
– They have the ability to pay, and such attendance is
in the child's best interest
– They agree that the child should attend private
school
– Private school is in their customary standard of living
– The child has a special need that cannot be met by
public schools
See Forrest v. Ron, 821 So. 2d 1163 (Fla. 3d DCA 2002)

Imputation of Income in Florida, Fla.
Stat. 61.30(2)(b)
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If a parent chooses to be voluntarily
unemployed or underemployed, income may
be imputed by the court for purposes of
determining guidelines support
Requires a finding that the parent had the
intent to refuse to work
Absent special circumstances, income may
not be imputed at a level which the parent
has never earned
Imputation Factors
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Recent work history, as well as occupational
qualification, prevailing earnings in the community
and the availability in the community must be
considered when imputing income
The court may refuse to impute income to a primary
residential parent if the court finds it necessary for
the parent to stay home with the child
Competent evidence and specific findings are
required before imputation may be ordered
Security for Child Support
Court may order child support (or alimony) obligor to
obtain or maintain sufficient life insurance to secure
the present value of his/her remaining obligation
 Court must consider evidence of the payor's
insurability, the cost of the proposed insurance, and
the payor's ability to afford the insurance
Lopez v Lopez, 780 So. 2d 164 (Fla 2nd DCA 2001)

Support and visitation are independent
rights/obligations
FL. Stat. § 61.13(4):
(a) When a noncustodial parent who is ordered to pay
child support or alimony and who is awarded
visitation rights fails to pay child support or alimony,
the custodial parent shall not refuse to honor the
noncustodial parent's visitation rights.
(b) When a custodial parent refuses to honor a
noncustodial parent's visitation rights, the
noncustodial parent shall not fail to pay any ordered
child support or alimony.

Child Support
Part 4 – Modification
Modification Factors, Fla. Stat. §
61.13(1), 61.30(11):
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In the best interests of the child;
When the child reaches majority; or
When there is a substantial change in the
circumstances of the parties.
What is a substantial change of
circumstances?
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A change in circumstances must be
significant, material, involuntary and
permanent in nature. Fisher v. Fisher, 722
So. 2d 243 (Fla. 2d DCA 1998).
The guidelines themselves may be the basis
for establishing substantial change, but the
difference between original and present
amount must be at least 15% or $50 per
month, whichever is more. Fla. Stat.
§61.30(l)(b).
Burden of Proof for Modification

Burden is on party seeking modification, and
is heavier when child support was based on
agreement of parties and incorporated into
the order. Overbey v. Overbey, 698 So. 2d
811 (Fla. 1997).
Overbey – Voluntary Reduction
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
Janet Overbey (the mother) and Daniel Overbey (the
father) were divorced in 1990. The father was to pay
child support for the parties' two minor children in the
amount of $ 200 per week. As of 1994, the father's
income as a police officer was approximately
$45,000 per year and the mother's income as a
practical nurse was approximately $24,000 per year.
In 1995, the father was accepted to law school and
applied for a reduction in child support to enable him
to attend. The mother opposed the motion,
contending that the father's voluntary decision to
attend law school did not constitute a significant
change of circumstances justifying a reduction in
child support.
Result – No Modification
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The father's decision to attend law school was a
voluntary one that could not take precedence over
the welfare of the two minor children, particularly
since one child would reach majority before the
father finished school.
Law school attendance was not a logical extension
of the father's career as a police officer and was not
contemplated until after the dissolution.
No guarantee that the father will secure employment
paying more than $ 45,000 per year (his police
officer’s salary) immediately after he finishes law
school.
Retroactive Modification
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An order modifying support may be
retroactive to a date no earlier than the filing
of a petition to modify
Court cannot reduce or cancel arrearages
accruing before the date of the petition
Court can credit obligor’s overpayment if
support is reduced retroactively
Automatic Modifications of Support?
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
Courts cannot order automatic adjustments
in child support.
The parties, however, may agree to
adjustments based on income tax returns,
the consumer price index, or some other
basis. Blue v. Blue, 188 So.2d 563 (Fla. 4th
DCA 1966).
Termination of Support on Death of
Obligor?
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States are split on this question
In Florida, support terminates on the death of
the payor. Garcia v Gonzales, 654 So. 2d
1064 (Fla. 3rd DCA 1995)
Exception if the payer expressly agrees
before death that his estate will be liable for
continued support. Reinhardt v. Reinhardt,
131 So. 2d 509, 512 (Fla. 3d DCA 1961),
cert. discharged, 139 So. 2d 697 (Fla.
1962)
Child Support
Part 5 – Collection and
Enforcement
How is support paid?

Income Deduction Order
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Mandatory since 1997
Must provide:
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direct the employer to deduct the amount required by the
order from the obligor's income and forward it to the SDU
specify the amount of any arrearage and direct that an
additional 20% or more be withheld until the arrearage is paid
advise the employer not to deduct more than is allowed by
the Consumer Credit Protection Act, 15 U.S.C. §1673(b)
tell the employer whether to deduct additional amounts from
any bonus or other similar one-time payment;
What are the federal child support
withholding limits?
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50 percent of net disposable earnings if
payor is supporting another spouse or
dependent child
60 percent of net disposable earnings if
payor is not supporting another spouse or
dependent child
Add 5 percent if there is a 12 week or greater
arrearage
Process for implementation of Income
Deduction Order
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Obligee or his/her agent mails order to employer by
certified mail, return receipt requested
Order must be implemented by employer on the first
pay day within 14 days of service of the notice of
income deduction
The deducted amount must be sent to the obligee or
the SDU within two days of the payment date
The employer can charge the employee up to $5 for
the first payment and $2 for each subsequent
payment to recover administrative costs in
implementing income deduction.
Employer’s Obligations/Penalties
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Employer who fails to honor order is liable for the
child support that was due, plus costs, interest, and
attorneys' fees
If the employee has left employment, the employer
must notify the obligee and provide the employee’s
last-known address and name and address of new
employer, if known.
Failure to comply with this requirement may result in
a fine of up to $250 for the first violation and up to
$500 for subsequent violations.
An employer may not discharge or discipline an
employee because of an Income Deduction Order.
Violation results in fine of $250 for first violation and
$500 for subsequent violations
Where paid?
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All payments be directed through the State
Disbursement Unit (SDU). Clerks of the court
in all circuits have contracted with the SDU to
have all payments made to the SDU.
If the parties agree and the court finds that it
is in the child's best interest, support
payments need not be made through the
SDU.
Fees Charged by SDU
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The SDU may impose and collect a fee for its
services for each payment. The fee may not
be more than 4% of the payment and must
be at least $1.25 but not more than $5.25.
If a payment does not include the required
fee, the fee may not be deducted from the
support paid to the obligee.
Nonpayment of the required fee is
considered a delinquency and, when total
fees not paid exceed $50, that delinquency
becomes an enforceable judgment
Form of Payment
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Payments to the SDU may be made by
personal check unless the obligor has
previously submitted a check returned for
insufficient funds
If previous NSF check, payment must be
made by cashier's check or money order
Time for Disbursement by SDU
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If payment is made to the SDU by cashier's
check or money order, payment must be
made to the obligee within two working days
If payment is made by personal check, the
SDU must make payment to the obligee
within four working days
Enforcement by Contempt
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Contempt proceedings may be used to enforce
orders for payment of child support
The court in a contempt proceeding can enforce only
preexisting obligations. Mintz v. Ellison, 233 So.2d
156 (Fla. 3d DCA 1970).
Enforcement may proceed even if the respondent
has filed a petition to modify the support obligation in
question. Howard v. Howard, 523 So.2d 1224 (Fla.
4th DCA 1988).
Contempt Process/Hearing
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Court must find that the alleged contemnor received
notice of the motion and hearing
Moving party must then show that a previous order
was entered and that the respondent has not
complied
Court must determine whether the alleged
contemnor had the present ability to pay support and
willfully failed to pay.
– It is presumed that responded can pay support
per the order, and he/she has burden of rebutting
that presumption
The court then issues a written order granting or
denying the motion for contempt
Contempt Sanctions
• If the respondent is found in contempt, the
court may impose coercive sanctions:
• incarceration
• imposition of attorneys' fees and costs
• coercive or compensatory fines
Right to Purge Contempt
Any sanction must contain a purge
provision telling the respondent what
he/she must do to purge the contempt
 Respondent must be given a
reasonable time to purge the contempt
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Other enforcement remedies
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Suspension of professional or occupational
license, Fla. Stat. § 61.13015
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All other remedies must first be exhausted
30 day notice to either pay the arrearage or reach
an agreement with the obligee for payment
Interstate support enforcement:
Uniform Interstate Family Support Act
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Home state retains continuing exclusive jurisdiction
over child support
Home state means "the state in which a child lived
with a parent or a person acting as parent for at least
6 consecutive months immediately preceding the
time of filing of a petition or comparable pleading for
support and, if a child is less than 6 months old, the
state in which the child lived from birth with any of
them. A period of temporary absence of any of them
is counted as part of the 6-month or other period."
Single State Proceeding
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Florida court may exercise jurisdiction over a
nonresident on any basis consistent with the United
States and Florida constitutions in a proceeding to
establish, enforce, or modify a support order, or to
determine parentage.
– Father's acquiescence to child living in Florida did
not confer jurisdiction for child support
enforcement
– Nonpayment of support not tortious conduct for
purposes of long-arm jurisdiction
Florida law applies to the proceeding, and the
remaining provisions of UIFSA do not apply
Two-State Proceeding
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Florida obligee may request through the
Florida court that an enforcement request be
sent to court of state where obligor resides
The court of the state where the obligor
resides may enforce the Florida support
order using Income Deduction or Contempt,
but may not modify the Florida order or
cancel arrearages
Defenses to UIFSA action
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Obligor has very limited defense to
enforcement action