Child support enforcement can be done privately by you, if you’re owed child support; or using the Florida Child Support Program.
What the Child Support Program Can Do
The Child Support Program is in charge of establishing child support when the State has provided public assistance to a family.
If this public assistance was provided to you while you are married or as a single mother, that is all it can do. It cannot divorce you if you are married. It also does not establish the parental responsibility or time sharing in a divorce or paternity unless the parents agree establish it. If the parents do not agree, then parental responsibility and time-sharing is not established.
When a divorce with children or a paternity case has gone through the family division of the Courts (as opposed to just the State’s child support system), the Child Support Program will also enforce the support awarded in those cases.
What the Child Support Program Cannot Do
In a divorce with children or a paternity case, the Child Support Program and Enforcement Division will not deal with the following questions if the Program is used solely to establish support :
- custody: parental responsibility and time-sharing (applies to divorce with children and paternity cases)
- alimony (for divorce)
- division of property or debt (for divorces)
So what does this mean? In a divorce, it means that all the other problems related to custody, alimony and division of property will be dealt in the Family Division. In a paternity case, the Family Division is the court to go to for problems related to custody.
What this may mean for you
It also means that you may end up going to two different divisions to resolve all the problems in a particular case.
If you have received public assistance, have children from the marriage and now are a getting divorce, the State Attorney’s Child Support Enforcement Program will represent you in all questions of support. For everything else, you either represent yourself or get a lawyer to help you.
The process is the same with a paternity case; that is, if there was public assistance then the State Attorney will be involved for the child support issue; but for questions of custody, a Family Division case will be needed.
What is Your Role with the Child Support Program?
The State Attorney’s Office, acting on behalf of the State of Florida, will provide legal representation to establish child support, or enforce child support, in cases where the State has provided benefits related to children. So the parent with the children who is receiving benefits for those children will have representation.
If you are the parent on the other end, you are responsible for your own legal representation. You either have to represent yourself or hire an attorney to represent you.
If you need representation in a case before the Child Support Program as the parent who is being sued by the Child Support Program, find out if I can help you by filling out this form.
Note: The Miami Child Support Enforcement Division is located at 601 NW 1st Court, 2nd Floor, Miami, FL, 33136, phone: (786) 469-3960.