Back child support in Florida is unpaid court-ordered support that accumulates as a legally enforceable debt. Under Fla. Stat. § 61.14, arrears carry statutory interest (8.25% annually for Q2 2026), have no statute of limitations, survive the child turning 18, and cannot be discharged in bankruptcy. Florida can garnish up to 65% of wages and suspend licenses after 15 days of delinquency.
This guide explains how arrears form, how interest is calculated, the enforcement tools available through the Florida Department of Revenue and the courts, and the limited defenses an obligor can raise. Whether you are owed past due child support or you owe child support debt, the rules below determine what happens next.
Key Facts: Back Child Support in Florida
| Factor | Florida Rule (2026) |
|---|---|
| Statute of limitations on arrears | None — enforceable until paid in full |
| Statutory interest rate (Q2 2026) | 8.25% per year under Fla. Stat. § 55.03 |
| Enforceable after child turns 18 | Yes |
| Wage garnishment ceiling | Up to 65% of disposable earnings |
| License suspension trigger | 15 days delinquent under Fla. Stat. § 61.13016 |
| Retroactive support cap | 24 months under Fla. Stat. § 61.30(17) |
| Dischargeable in bankruptcy | No — domestic support obligation |
| Enforcement motion filing fee | Approximately $50–$85 (verify with clerk) |
What Is Back Child Support in Florida?
Back child support in Florida is the unpaid balance of a court-ordered support obligation that accumulates when a paying parent misses or underpays scheduled payments. Once a support order exists under Fla. Stat. § 61.13, every missed payment converts into a vested judgment by operation of law, and the total owed is called arrears or past due child support.
Florida law treats these arrears as an enforceable money debt, not a discretionary obligation. The unpaid amount does not require a new lawsuit to become collectible. Each installment that goes unpaid becomes a final judgment automatically, which means a custodial parent does not have to relitigate the original support order to pursue collection. Interest begins accruing on each missed payment, increasing the total child support debt over time.
There is an important distinction between arrears and retroactive support. Arrears form after an order is already in place. Retroactive support is back-dated support awarded when an order is first established, capped at 24 months under Fla. Stat. § 61.30(17). The two are governed by different rules, and only retroactive support is subject to the 24-month ceiling.
How Much Interest Accrues on Child Support Arrears?
Child support arrears in Florida accrue interest at the statutory judgment rate set quarterly by the Chief Financial Officer under Fla. Stat. § 55.03. For the second quarter of 2026, that rate is 8.25% per year. In recent years the rate has ranged from roughly 4.25% to 9.50%, tracking Federal Reserve policy with a lag, and it was 9.50% as of October 1, 2024.
Under Fla. Stat. § 61.14, the depository charges interest at the Fla. Stat. § 55.03 rate on all judgments for support. Each missed payment is treated as its own simple judgment, with interest applied to that individual past due child support payment rather than compounded across the entire balance. The Florida Bar Journal describes this method: every missed installment functions like a separate judgment carrying simple interest. Because the rate recalculates quarterly, a long-standing arrears balance may have multiple interest layers applied across different periods.
Payments are applied in a fixed order under Florida law. Money collected goes first to current child support due, then to delinquent principal, and finally to interest on the support judgment. This ordering means interest on child support debt can continue growing even while a parent makes partial payments, because principal is satisfied before interest. To obtain an exact figure, a parent can request a written payoff statement from the clerk for a $25 fee under Fla. Stat. § 61.14(6)(f)1.
Is There a Statute of Limitations on Back Child Support?
There is no statute of limitations on collecting back child support in Florida. Unpaid child support remains legally collectible indefinitely until the entire balance, including accrued interest, is paid in full. Unlike most civil debts that expire after a set number of years, child support arrears do not lapse with the passage of time, and enforcement actions can begin at any point while a balance remains.
The obligation also survives the child reaching adulthood. Back child support in Florida remains enforceable after a child turns 18, because the debt belongs to the period when the support was owed, not to the child's current age. A custodial parent can pursue collection years after emancipation. Florida courts have confirmed that arrears can even be enforced against the estate of a deceased obligor, meaning the debt does not automatically vanish at death.
One narrow equitable defense exists: laches. This doctrine can occasionally bar enforcement when a custodial parent waited an unreasonably long time to act and that delay caused genuine, demonstrable prejudice to the obligor. Laches is difficult to prove and rarely succeeds, because courts strongly favor enforcing support owed to children. It is the exception, not a reliable strategy for avoiding child support debt.
How Florida Enforces Past Due Child Support
Florida enforces past due child support through aggressive administrative and judicial tools, primarily under Fla. Stat. § 61.14 and Fla. Stat. § 61.13016. Enforcement can begin after just 15 days of delinquency, and the Florida Department of Revenue, which administers the state's Title IV-D child support program, can act without a new court hearing in many cases. License suspension, wage garnishment, and tax interception are among the most common mechanisms.
Wage garnishment is the workhorse of Florida enforcement. The state can garnish up to 65% of disposable earnings for child support: 50% if the obligor supports another spouse or child, 60% if not, plus an additional 5% penalty when payments are more than 12 weeks in arrears. Income withholding orders are issued automatically in most Department of Revenue cases.
License suspension follows quickly. Under Fla. Stat. § 61.13016, the state can suspend driver's licenses, professional licenses, and recreational licenses after 15 days of delinquency. Other tools include property liens (a vehicle lien is sought when arrears reach $600 or more), bank account seizure, federal and state tax refund interception, and passport denial. A passport application or renewal is automatically denied when arrears exceed $2,500, and the denial remains until the balance drops below that threshold or a satisfactory payment plan is in place.
Can You Go to Jail for Owing Child Support in Florida?
Yes, a parent can be jailed for owing child support in Florida through both civil contempt and criminal prosecution. Civil contempt allows incarceration until a court-set purge amount is paid, with jail terms typically ranging from a few days up to 5 months and 29 days. Criminal nonsupport charges under Fla. Stat. § 827.06 carry up to 1 year in jail for a misdemeanor.
Civil contempt is the more common route. A court can find an obligor in contempt for willfully failing to pay child support despite having the ability to do so. The key word is willful: a parent who genuinely cannot pay, due to job loss or disability, has a defense, because contempt requires both nonpayment and present ability to pay. The court sets a purge amount the parent must pay to secure release, which functions as a coercive tool rather than a punishment.
Criminal charges escalate the stakes considerably. Under Fla. Stat. § 827.06, misdemeanor nonsupport applies when a parent owes $2,500 or more and is 4 or more months late, punishable by up to 1 year in jail. Felony nonsupport applies when the obligor owes $5,000 or more and is 12 or more months behind, carrying up to 5 years in prison. Because these consequences are severe, an obligor facing enforcement should seek modification rather than simply stop paying child support.
Retroactive Child Support vs. Arrears in Florida
Retroactive child support and arrears are two different forms of back child support in Florida governed by separate rules. Retroactive support is back-dated support awarded when an order is first established, capped at 24 months under Fla. Stat. § 61.30(17). Arrears are unpaid amounts that accumulate after an order already exists, and arrears are not subject to any 24-month cap.
Retroactive support applies in initial determinations, such as paternity actions, dissolution of marriage, or petitions for support during marriage. The court may award support back to the date the parents stopped living together with the child in the same household, but not more than 24 months before the petition was filed. This 24-month limit is a firm statutory ceiling, not a guideline or presumption. For example, if a parent files in March 2026 but the parents separated in 2020, the court can reach back only to March 2024.
The two categories diverge sharply in scope. Because arrears have no statute of limitations and no time cap, a parent who fell behind years ago can owe a far larger sum than one facing a fresh retroactive award. When calculating retroactive support, the court applies the guideline schedule in effect at the hearing, and the obligor may receive credit for qualifying payments already made during the retroactive period, as confirmed in Williams v. Gonzalez, 294 So. 3d 941 (Fla. Dist. Ct. App. 2020).
How to Collect Back Child Support in Florida
To collect back child support in Florida, a custodial parent can either open a free enforcement case with the Florida Department of Revenue or file an enforcement motion directly with the circuit court clerk. The Department of Revenue administers the state's Title IV-D program at little or no direct cost and can initiate wage garnishment, license suspension, and tax interception without a separate court hearing in many cases.
The Department of Revenue route is the most accessible option. A parent can call (850) 488-KIDS (5437) between 7:30 a.m. and 6:00 p.m. EST, Monday through Friday, or apply at childsupport.floridarevenue.com. Once the case is opened, the agency uses its administrative enforcement powers, including income withholding, federal tax refund interception, and passport denial, to recover past due child support.
Parents who prefer to act through the courts can file a Motion for Civil Contempt or Enforcement with the clerk of the circuit court. Filing fees vary by county but typically range from $50 to $85 for enforcement motions. As of May 2026, verify the exact fee with your local circuit court clerk before filing. The motion must identify which payments were missed and specify the relief sought, such as payment of arrears, attorney's fees, or incarceration. The clerk can also issue a Notice of Delinquency after 15 days of nonpayment, and if the delinquency plus fees are not cured within 20 days, a judgment and lien follow automatically.
Can Child Support Arrears Be Reduced or Waived in Florida?
Child support arrears in Florida generally cannot be retroactively reduced, but accrued interest may be waived under limited circumstances. Florida law prohibits courts from retroactively modifying or forgiving the principal arrears that vested as judgments, because each missed payment became a final judgment by operation of law. The principal owed for past due child support is fixed once it accrues.
Interest is treated differently from principal. The Florida Department of Revenue may agree to waive interest on arrears, but only when the other parent consents and no money is owed to the state. This makes interest waiver a negotiated outcome rather than an automatic right. A parent seeking relief should approach the Department of Revenue and the receiving parent directly, since the court generally cannot order an interest waiver over the other parent's objection.
The better strategy for a struggling obligor is to seek a forward-looking modification of the ongoing support amount under Fla. Stat. § 61.14 before arrears pile up. Modification can lower future obligations based on a substantial, permanent, involuntary change in circumstances such as job loss, but it cannot erase amounts that have already accrued. Because child support debt cannot be discharged in bankruptcy and continues to draw 8.25% interest in 2026, addressing payment problems early is far more effective than waiting for arrears to grow.