CLERK OF COURT & COMPTROLLER
HILLSBOROUGH COUNTY, FLORIDA
The information below outlines the penalty process if child support payments are late or missed.
Delinquency Notice (FSS 61.14)
In order for a Notice of Delinquency to be issued, the depository records of the Clerk of the Court must reflect that a payment is more than 15 days late and the delinquency amount is greater than the periodic payment amount. If you feel the Notice of Delinquency was issued in error, you may file a motion to contest within 15 days from the mailing of the delinquency notice. You are eligible to file this response if you believe it is a case of mistaken identity or if you do not agree with the balance. See Florida Statute 61.14(c). There are a number of reasons why the depository records may not coincide with yours.
Judgment (FSS 61.17)
If a child support payment or a motion is not received within 15 calendar days, a Judgment/Certificate of Delinquency is filed. Interest will start to accrue on this account. A Judgment/Certificate of Delinquency may also appear on your credit report.
To satisfy a judgment for child support, you can request a payoff statement in writing or at the courthouse at 800 E. Twiggs Street, Room 101. There is a fee of $25.00 for the payoff statement pursuant to Florida Statute 61.14(6)(f)1. The fee must be received prior to the calculation of the payoff. Once the payoff statement is calculated, you must pay off the total amount due before a Satisfaction can be issued and recorded in the public record.
Driver's License Suspension (FSS 61.13016)
If your case is enforced through the Department of Revenue (DOR), you will need to contact DOR at 1-850-488-KIDS(5437).
If the driver’s license suspension was initiated by the petitioner and your case is not enforced through DOR, you will need to come to the Clerk’s office and pay the child support delinquency in full. This includes all delinquent back child support, clerk's fees, delinquency fees, etc. Once all fees have been paid, you will be given a form to take to the Florida Department of Highway Safety and Motor Vehicles to reinstate your driver's license.
I have not received my court ordered child support. What can I do?
When the non-custodial parent (obligor) is delinquent on payments, the Central Governmental Depository issues a delinquency letter. The obligor has 15 calendar days to respond to the delinquency notice or pay the full amount owed. If there is no response or payment, a judgment will be recorded in the public record . The judgment can act as a lien by operation of law. Interest is charged on all judgments at a rate determined by the Florida Department of Financial Services . Florida Statutes 55.03(1).
On non-Title IVD cases (those not handled by the Department of Revenue ) the custodial parent (obligee) may file a Request to Suspend Driver’s License and Motor Vehicle Registration through the Clerk’s Office when the obligor is 15 calendar days delinquent. The Clerk will then send a Notice of Driver’s License Suspension to the obligor at the last address on record with the Department of Motor Vehicles. If there is no response to the Notice within 20 calendar days, the Clerk’s Office will send a request electronically to the Florida Department of Highway Safety and Motor Vehicles to suspend the obligor's driver’s license.
What does the child support program do if the parent does not pay as ordered?
If your child support order is through a private attorney, you have the options listed above available to you.
Once a child support order is established through the Department of Revenue, the Child Support Enforcement program monitors child support payments. When payments are not made as ordered, the program can take steps to encourage payments, including but not limited to:
Contact the Department of Revenue Child Support Enforcement Department at (850) 488-5437 for information about actions taken on your case.
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