Non-payment of child
support could result in driver's license suspension or incarceration.
Non-payment of child support could result in driver's license
suspension or incarceration.
I wrote that twice to
drive home the logical disconnect that statement implies. If the
payor is blithely ignoring his (or her) responsibilities and has
plenty of money to fulfill those obligations -- fine by me, take his
license and lock him up! And, yes, it is usually a him, only
sometimes a her, that is the payor.
The Florida Department of
Revenue orders child support through an administrative process, and
also enforces those orders. One of the problems is that the
ordered amount is often not based on both parties' full financial
information. The parents are frequently unwed and low income. A
common scenario is that a young couple cohabits and has a child, then
breaks up. The father may or may not be on the child's birth
certificate. After the break up, the mother contacts the Department
of Revenue (DOR) and requests assistance with child support. The
father is personally served with a DOR complaint for child support.
He frequently does not answer the complaint at all. Most of the time
he appears at the hearing, believing that an order for timesharing
will be rendered at the same time. The mother may have refused to let
the father see the child unless he pays child support.
So the father goes to the
hearing, willing to pay child support, and hoping to be able to see
his child on a regular basis. At the hearing, the magistrate asks the
father how much money he earns and requests to see his pay statements
for the past three months. The mother's income is often not taken
into account at all. The father is then ordered to pay child support
based solely on those three months' income.
Frequently, no
consideration is given to other factors such as which parent is
paying for daycare or medical insurance for the child. The father
asks, what about me seeing my child. The magistrate may tell him
politely that this hearing is only about child support. Or the
magistrate may tell him rather rudely that he needs to pay his child
support and file for shared custody in family court. The father
frequently does not realize that the DOR complaint for child support
includes retroactive support for up to 24 months. The complaint may
actually request retroactive support dating from the child's birth,
despite the fact that per statute, only 24 months retroactive support
may be ordered. If the father does not make an argument, he may be
ordered to pay 24 month retroactive support even though he was living
with the mother and the child up until the previous month and
supporting all of them. It is not fair. And the father comes out of
that hearing with his head spinning, having just been ordered to pay
child support and without any order allowing him to see his child.
And the father may automatically be several thousand dollars in debt
because the retroactive support was ordered, he is below zero before
he begins.
The father is given no
information about how to go about obtaining an order for timesharing
with his child. His wages are garnished for support. The mother may
or may not let him see the child. The father seeing his child is
solely depending on the mother's whim.
As time goes by, the
father changes jobs, and the wage garnishment is not placed on his
new job. The garnishment is supposed to be automatically put into
effect on his new job, but the DOR is an absurdly inefficient entity,
and that detail is routinely left undone. That detail, the DOR
neglecting to put the income deduction into place on the payor's next
job is often the beginning of a nightmare for the father.
The mother, not receiving
anything on her child support debit card, contacts the DOR and
requests enforcement. In theory, it isn't necessary for her to
contact the DOR, they will enforce automatically ... but we've
already seen how that goes. So she calls, and calls, and finally gets
the DOR to begin enforcement. Child support orders processed through
the Department of Revenue are called Title IV-D child support orders.
When a Florida court enters a Title IV-D child
support order (or when such an order from another state is properly
registered in Florida or a non-Title IV-D case is referred to the
Florida Department of Revenue for enforcement), the Florida
Department of Revenue can take a variety of steps and measures to
encourage the obligor parent to pay the child support amount owed.
Although generally the Florida Department of Revenue (DOR) attempts
to secure voluntary compliance with Title IV-D orders, the DOR can
take aggressive measures if other methods at securing voluntary
payment have failed and/or if it is believed such measures will not
be fruitful.
Measures that the DOR has taken to enforce child
support can include:
Suspending the Payor's professional or
business license(s), his or her hunting and/or fishing license,
and/or the Payor’s driver’s license until he or she begins
making payments and/or arranges to pay the past-due obligation;
The absurdity is real. All of the above
measures, except for incarceration, are considered administrative
sanctions to coerce the Payor into paying the child support that he
owes; and assumes that the Payor has the ability to pay. The most
used sanction by far is suspension of the Payor's driver's license.
Most people depend on having transportation to stay employed. There
are few parts of Florida where the public transportation is adequate
so that a vehicle is not needed to get back and forth to work. Take
away the license - take away the job. Or, for the desperate few, who
will drive despite a having a suspended license, the risk of
incarceration for driving on a suspended license is an everyday
reality. How is the Payor supposed to pay when he is not able to
maintain employment because he has no driver's license?
Incarceration is even more absurd. If
its tough to pay child support with no driver's license, it is nearly
impossibly while incarcerated. Without a money tree or a generous
family member, the Payor continues to fall farther and farther
behind. And the mother in all of this, the mother just wants child
support, she does not necessarily want her baby daddy in jail, what
good can come of that?