The rent is still due. Groceries still cost money. School shoes, doctor visits, gas, and childcare do not pause because a payment did not arrive. You might be thinking, What am I going to do since my ex is not paying child support? The first step is not panic or retaliation. It is documentation, then enforcement.
In Florida, child support becomes a legal obligation once a court or administrative order is in place. Below, we explain what you can do if your co-parent is not following the child support order.
What Does the Order Actually Say?
Begin by reviewing the official child support order instead of relying on memory, text messages, or informal agreements.
Look for the exact support amount, due dates, start date, and required payment method. You should also check provisions for health insurance, childcare costs, unreimbursed medical expenses, and any arrears. If the order requires payments through the Florida State Disbursement Unit (SDU) or another formal registry, request a certified copy of the payment history.
Before taking action, collect:
- A copy of the current child support order;
- A complete payment history;
- Missed payment dates and amounts;
- Texts or emails about missed payments;
- Proof of expenses the order requires the other parent to share; and
- Any information about the other parent’s employer, address, or income.
Good records make enforcement easier. They also help separate true nonpayment from confusion over credits, direct payments, or income changes.
Can I Withhold Time-Sharing If Support Is Unpaid?
Even if your ex is not paying child support, you still have to comply with court-ordered time-sharing. Child support and time-sharing both involve your child, but they are not bargaining chips.
If your ex misses payments, use legal enforcement tools instead of interfering with parenting time. Otherwise, you may create a separate legal problem while trying to solve the support issue. The goal is to get support paid while keeping your own obligations clean.
What Help Can the Child Support Program Provide?
The Child Support Program (CSP) can help enforce payment if you need state support or do not know the paying parent’s employer. The program uses administrative and court-based tools to encourage compliance. It may also help locate income sources and track payments through official channels.
If the parent who owes support is able to pay but does not, the CSP may pursue court action. This can lead to a judgment for past-due support, contempt findings, payment orders, or job search requirements. Incarceration is possible only if the court finds the parent has the present ability to pay.
This route may be slower or less personalized than private enforcement. Still, it can be useful when you need formal collection tools or do not know where the other parent works.
Can the Court Enforce the Order?
Taking the issue to court makes sense if missed payments are large or frequent, or are linked to other problems.
If your ex can pay but does not, the court can enforce child support through options such as money judgment, income deduction, garnishment, contempt, attorney fees, payment deadlines, or other compliance orders.
Court enforcement is especially important if the paying parent has assets, owns a business, gets bonuses, changes jobs often, ignores past notices, or breaks other family court orders.
How Can I Garnish My Ex’s Paycheck?
Income withholding is often the most practical enforcement tool when the other parent has a job or another identifiable source of income.
Florida income deduction orders can require a payor, such as an employer, to deduct support from the paying parent’s income and send it through the proper channel. This deduction may also continue after support ends if arrears, retroactive support, delinquency, or costs remain due.
The CSP can also send withholding notices to known employers and other income sources. Once the employer receives the notice, child support is withheld from income and sent to the SDU for payment to the parent owed support.
This works well when the paying parent has employment through a traceable payroll source. It may be less effective if they work for cash, change jobs often, or hide income. Still, income withholding is often the cleanest place to start.
What Happens If My Ex Doesn’t Pay Child Support?
If your ex does not pay child support, Florida enforcement actions can become more serious over time. The exact outcome depends on the order, payment history, amount owed, available income, and whether nonpayment appears willful.
Enforcement may include:
- Income withholding from wages or other income sources;
- Garnishment or attachment of money owed to the paying parent;
- Payment agreements for past-due support;
- Suspension of driver licenses or vehicle registrations;
- Suspension of business, professional, or recreational licenses;
- Court findings of contempt;
- Orders to seek work or job training; and
- Possible arrest or incarceration in certain willful nonpayment cases.
A license suspension is not automatic when a payment is late. For driver’s license and registration suspension, the parent who owes support receives notice and usually has 20 days to pay, enter a payment agreement, or provide qualifying documentation.
The goal is not punishment for its own sake. It is to get support flowing again for your child.
What If My Ex Requests a Modification?
If a parent cannot afford the current order, they should request a modification instead of simply stopping payments.
Florida child support can be modified when the legal standard is met, but unpaid amounts usually do not disappear just because the paying parent later claims hardship. Modification may be considered when the difference between the existing monthly obligation and the guideline amount is at least 15% or $50, whichever is greater.
If the paying parent lost their job, became disabled, or experienced a significant change in income, the court may need to review the order. Until the order changes, current payments still matter. Do not rely on informal promises like, “I’ll catch up later.”
When Should You Talk to a Lawyer?
Speak with a lawyer if unpaid support is hurting your budget, the balance keeps growing, or the other parent won’t communicate honestly. They can help decide whether to go to court or the CSP, help pursue income withholding, respond to a modification request, or handle parenting order issues.
Legal advice is essential when the paying parent is self-employed, concealing income, making irregular payments, or claiming an inability to work.
Need to Enforce a Child Support Order Because Your Ex Is Not Paying Child Support?
At Newlon Law, P.A., we understand that unpaid child support impacts finances and a child’s stability. Jon Newlon has helped Florida clients since 1999 with family law issues like child support, divorce, paternity, modifications, enforcement, relocation, and domestic violence.
We offer a practical approach, helping you organize information, identify enforcement options, and prepare for court. If your ex isn’t paying child support, contact us for a confidential consultation and a clear plan.
Legal Resources Used to Inform This Page:
To ensure the accuracy and clarity of this page, we referenced official legal and other resources during the content development process:
- Support of children; parenting and time-sharing; powers of court, Fla. Stat. § 61.13 (2025).
- Florida Department of Revenue, Child Support Program.
- Enforcement and modification of support, maintenance, or alimony agreements or orders, Fla. Stat. § 61.14 (2023).
- Child support guidelines; retroactive child support, Fla. Stat. § 61.30 (2023).
- Attachment or garnishment of amounts due for alimony or child support, Fla. Stat. § 61.12 (2025).
- Income deduction orders, Fla. Stat. § 61.1301 (2009).
- Petition for suspension or denial of professional licenses and certificates, Fla. Stat. § 61.13015 (2002).
- Suspension of driver licenses and motor vehicle registrations, Fla. Stat. § 61.13016 (2023).
- Florida Department of Revenue, Complying with Child Support Orders.
- Florida Courts, Child Support.