Consequences of Failing to Modify Child Support

Neglecting to seek modification of child support due to a significant change can have long-lasting effects. If you have lost a job, become disabled, or retired, then reach out to an experienced lawyer. We can submit a request to the court to modify your child support. Any material change could potentially support a modification request; let our office determine the strength of your case. Below, we highlight some of the consequences of failing to modify in a timely manner. One misconception is that a court will automatically modify child support if you become sick or retire. That simply is not the case.

You Can Accumulate Arrears

Any unpaid child support piles up as arrearages. These unpaid obligations do not simply disappear. They can even accrue interest, which simply increases the amount you owe.

Further, a judge will not retroactively wipe them out, either, because you have delayed seeking a modification. Even when a judge grants a modification, the court does so only moving forward. You are still on the hook for unpaid support.

Your Wages Can Be Garnished

Florida allows the parent who should receive child support to garnish the payor’s wages. The state might also seek a garnishment. There are limits on the amount of your income that can be garnished, but this usually represents significant loss of income.

The State Can Seek Other Enforcement Actions

If you cannot pay child support, even for legitimate reasons like job loss or illness, the state can seek to enforce payment. That might include:

• Intercepting state or federal tax refund. The state then applies the money to your unpaid balance.
• Levying bank accounts. The state can seize money in the account and apply it to your child support arrears.
• Putting a lien on property. The state might even force a sale, with the lien being paid off first.
• Suspending licenses. The state might suspend a business license or driver’s license.

Contact Empowerment Legal, PLLC, for immediate help avoiding these enforcement actions.

The Court Can Hold You in Contempt

Contempt of court is a serious proceeding. The court can hold you in contempt if you intentionally defied the court’s order. As a result, the judge can fine you, order community service, or possibly even send you to jail.

If you have a good faith reason for not paying, then contempt is less likely. Nonetheless, you will still need to defend yourself before a judge.

You Can Face Other Negative Consequences

Not paying child support can result in other consequences, such as being unable to become a naturalized citizen, losing a job, or being denied a professional license. Your non-payment can also be reported to the credit bureaus, resulting in increased borrowing costs or loan rejections.

Seek a Prompt Modification by Calling Our office

Have changes in your life made it impossible to pay child support? Now is the time to seek modification. Avoid any delays. A Jacksonville modifications lawyer at Empowerment Legal, PLLC can analyze whether you can request a reduction in what you owe. Schedule a consultation by contacting us today.