Many parts of a parent’s daily life come to a halt when they’re sent to jail. However, child support is not one of them. Under Florida law, incarceration does not automatically end a parent’s obligation to pay child support. The original court order remains in full effect unless a judge approves a formal modification.
This catches many parents off guard, as, without taking the right legal steps, child support payments can continue to accrue throughout the entire period of incarceration. Knowing how Florida handles these situations can help parents avoid mounting debt and serious legal consequences down the road.
Child Support Obligations During Incarceration in Florida
Florida courts treat child support as a fundamental duty that exists because of parenthood itself. That duty does not disappear if a parent is convicted of a crime and sentenced to time behind bars. The existing child support order stays active until the court says otherwise.
Further, per Florida Statutes § 61.30(1)(c), incarceration cannot be treated as “voluntary unemployment” when a court is establishing or modifying a support order. This is an important distinction.
While some states penalize parents for voluntarily reducing their income, Florida recognizes that imprisonment is not a choice to stop working. Still, that recognition alone does not reduce or pause what a parent owes. Only a formal court order can do that.
How to Request a Child Support Modification
An incarcerated parent seeking to change an existing child support obligation may petition the court for a modification. This petition must demonstrate that there has been a “substantial change in circumstances,” which is the legal standard Florida uses for all child support modifications.
A few key points to keep in mind about this process:
- The petition should be filed as soon as possible after sentencing. Because a modification may generally be made retroactive to the filing date, filing promptly can be important.
- The court may choose to hold the petition in abeyance, meaning it suspends a ruling on the petition until after the parent is released.
- Judges have the discretion to lower payments or temporarily suspend them based on the parent’s financial situation during incarceration.
- The court will consider available assets and applicable sources of income when determining child support.
Filing promptly is critical. A parent who waits too long risks accumulating significant arrears that will follow them well beyond their release date.
What Happens if I Don’t Take Action?
Failing to address child support during incarceration can lead to serious consequences once a parent is released. Since the original order remains enforceable, unpaid amounts continue to stack up for every missed payment.
Those arrears do not go away on their own, and a parent returning from incarceration may face:
- Suspension of their driver’s license
- Bank account levies
- Interception of tax refunds
- Contempt of court proceedings, which could result in additional jail time
- Suspension of professional and occupational licenses
These penalties can make it even harder for a parent to get back on their feet and find stable employment after release, creating a cycle that is difficult to break.
Contact the Orlando Child Support Law Firm of Conti Moore Law Divorce Lawyers, PLLC, for Help Today
Incarceration does not automatically end a parent’s child support obligations in Florida. Without a modification, an existing support order can remain in effect, potentially leaving an incarcerated parent with significant arrears after release.
For more information, contact our experienced Orlando divorce lawyers at Conti Moore Law Divorce Lawyers, PLLC, by calling (407) 831-0203 to schedule a free consultation.
We serve all through Orange County and its surrounding areas. Visit our office at:
Conti Moore Law Divorce Lawyers, PLLC
815 N Magnolia Ave Suite 100
Orlando, FL 32803
(407) 831-0203
