Child Support Obligation

In Florida, child support payments are typically mandated to be processed through the State Disbursement Unit (SDU).

This centralized system ensures accurate record-keeping, timely disbursement to the receiving parent, and facilitates enforcement if necessary. Adhering to this process is crucial, as deviations can lead to significant legal and financial consequences.

Consequences of Not Paying Through the State Disbursement Unit

Bypassing a court order specifying that child support payments must be made via the SDU by making direct payments to the other parent can result in:

• Non-Crediting of Payments: Payments made directly to the other parent may not be recognized by the court or the SDU, leading to an accumulation of arrears (owed child support) on record. This is because the SDU's records would not reflect these direct payments, causing the paying parent to appear as if they are delinquent with their child support obligation.

• Enforcement Actions:  Perceived non-compliance can trigger enforcement measures such as wage garnishment, suspension of driver's or professional licenses, interception of tax refunds, and even contempt of court proceedings, which could result in fines and/or incarceration.

  
  

What Steps Should you take to Address or Contest Alleged Arrears Due to Direct Payments

If you've made child support payments directly to the other parent, contrary to the court's instructions, and are now facing alleged arrears, consider the following steps:

1. Gather Evidence of Direct Payments:  Collect all possible documentation of the payments made directly, such as canceled checks, bank statements, receipts, or any written acknowledgments from the receiving parent confirming receipt of the payments.

   1. It is very important to never pay cash

   2. It is important and very helpful if the memo on these payments specify "child support" and the month for which the payment corresponds to

   3. It is important that the amount being paid is for the same amount the Court ordered. If the paying parent wants to pay an additional amount for something that is not considered child support, that payment should be made separately to avoid confusion

   4. It is important that the child support be made in accordance with the paying parent's pay cycle (weekly, bi-weekly, monthly, etc.) or how the Court ordered the payment to be made.

   5. It is important that the paying parent calculates the correct amount if they are not making the full monthly payment at one time.

      1. weekly payments are calculated as follows: monthly amount multiplied by 12 (months) then divided by 52 (weeks) = weekly amount (i.e. $400 x 12 = $4800/52 = $92.30)

      2. bi-weekly payments are calculated as follows: monthly amount multiplied by 12 (months) then divided by 26 (bi-weekly weeks) = bi-weekly amount, which is every other week (i.e. $400 x 12 = $4800/26 = $184.62)

      3. bi-monthly payments are calculated as follows: monthly amount divided by 2 (i.e. $400/2 = $200)

2. File a Motion with the Court:  Submit a formal motion requesting the court to recognize the direct payments and adjust the arrears accordingly. Attach all supporting evidence to substantiate your claim.

   1. Include copy of the checks (front and back)

   2. Include copy of the bank statement if paid by Zelle

   3. Include a printout of Venmo, Cashapp, or any other method in which the child support was paid

   4. Include any receipts showing the amount of child support paid, to whom (first and last name) and the month the child support covers

   5. Include a signed and notarized letter, statement or acknowledgment from the parent receiving the child support showing the amount paid, when it was paid and method of payment (check, zelle, app, cash, etc.)

3. Attend the Court Hearing:  Be prepared to present your case, providing detailed explanations and evidence of the direct payments. The court will evaluate the information and determine whether to credit the direct payments against the alleged arrears.

4. Seek Legal Assistance:  Engaging an experienced family law attorney can be invaluable in navigating this process, ensuring that your rights are protected, and that all procedural requirements are met.

   
   

Preventive Measures

To avoid such complications:

• Strictly Adhere to Court Orders:  Always follow the payment method specified in the court order. If payments are to be made through the SDU, ensure compliance to maintain accurate records and prevent disputes.

• Seek Modifications Legally:  If circumstances necessitate a change in payment methods or amounts, ask the court for a formal modification of the order rather than making informal arrangements.

  
  

In summary, while direct payments might seem convenient, they can lead to unrecognized contributions and potential legal challenges. Adhering to court-mandated payment procedures is essential to ensure that all payments are properly credited and to avoid unnecessary legal complications.