What terminating child support arrears means in Florida
Terminating child support arrears means asking a Florida court to forgive or eliminate back child support payments you owe. This is different from stopping future child support — it addresses only the debt that has already accumulated. Florida courts can reduce, forgive, or restructure arrears, but they rarely eliminate them entirely without a specific reason.
The court that handles this is the same one that issued your original child support order — usually the circuit court in the county where the case was filed. You file a motion (a formal written request) asking the judge to modify or terminate the arrears. The other parent and the Florida Department of Revenue, Office of Child Support Enforcement (if they are involved) must be notified and given a chance to respond.
Key Takeaways
- You must file a motion in the circuit court that issued your original child support order, not a new case.
- Florida courts consider your current income, employment status, and reason for the arrears when deciding whether to reduce or forgive them.
- Arrears do not automatically disappear when the child turns 18 or ages out of support — you must ask the court to address them.
- The other parent and the state child support office have the right to object, and the judge will hold a hearing before deciding.
- If you cannot pay in full, you can ask for a payment plan instead of full termination, which courts often grant.
When Florida courts will consider reducing or forgiving arrears
Florida judges have discretion to reduce or forgive arrears, but they must have a legal reason. The most common reasons courts accept are a substantial and permanent change in your financial circumstances, a mistake in the original order, or evidence that the arrears were accumulated due to incarceration or disability you could not control.
If you lost your job, became disabled, or experienced a major income drop after the order was issued, you have grounds to ask. Courts also consider whether you have been making partial payments or attempting to pay. A history of no effort to pay works against you; a history of paying what you could works in your favor. The age of the arrears matters too — older debt is sometimes viewed differently than recent arrears.
Courts will not forgive arrears simply because you say you cannot afford them now. You must show that your circumstances changed significantly since the order was made, or that the order itself was wrong. If you are currently employed and earning income, the court is unlikely to eliminate what you owe, though it may restructure it into a payment plan.
How to file a motion to terminate or reduce arrears
Start by obtaining a copy of your original child support order from the circuit court clerk's office in the county where the case was filed. You will need the case number. If you do not have it, call the clerk and provide your name, the other parent's name, and the approximate year the order was issued.
Next, prepare a written motion. This is a formal document that states what you are asking for (reduction or termination of arrears) and why (your reason — job loss, disability, incarceration, etc.). Include your current income, employment status, and any supporting documents: recent pay stubs, a letter from your employer, medical records if disability is involved, or proof of incarceration. The motion must be typed, signed, and dated.
File the motion with the circuit court clerk in the same county where your original case was filed. You will pay a filing fee, which varies by county but is typically $200 to $400. Ask the clerk if your county offers fee waivers if you cannot afford it. You must also serve (deliver a copy to) the other parent and the Florida Department of Revenue, Office of Child Support Enforcement. The clerk can tell you the correct address for service.
After you file, the court will schedule a hearing. You will receive a notice in the mail with the date and time. This usually happens within 30 to 60 days, though it can take longer depending on the court's schedule.
What happens at the hearing and what the judge will consider
At the hearing, you will present your case to the judge. Bring all documents that support your reason for asking to reduce or terminate arrears: pay stubs showing lower income, medical records, proof of job loss, or documentation of incarceration. Speak clearly and directly about what changed in your circumstances and when.
The judge will ask you questions about your current income, employment, and ability to pay. Be honest. If you are working, the judge will want to know how much you earn. If you are not working, explain why and what you are doing to find work. The judge will also consider whether you have been paying anything toward the arrears or ignoring the debt entirely.
The other parent and the state child support office will have a chance to respond. They may argue that you should still owe the full amount, or they may not object. The judge will then decide whether to reduce, forgive, or restructure the arrears. Some judges will order a payment plan instead of full forgiveness — for example, $100 per month for five years instead of the full $6,000 at once.
The judge's decision will be issued in writing and mailed to you. If you disagree with the decision, you have the right to appeal, but you must do so within 30 days. An appeal is complex and usually requires a lawyer.
Payment plans as an alternative to full termination
If the judge will not fully terminate or forgive your arrears, ask for a payment plan. Many courts will restructure arrears into monthly payments you can actually afford. This is often easier to obtain than full forgiveness because the court still collects the debt — it just spreads it over time.
When you request a payment plan, propose a specific amount you can pay each month. Be realistic. If you propose $50 per month when you earn $1,200 monthly, the judge may reject it. If you propose $150 per month and you earn $2,000 monthly, it is more likely to be accepted. The judge will consider your other expenses: rent, food, utilities, and current child support obligations.
Once a payment plan is ordered, you must stick to it. Missing payments can result in enforcement action: wage garnishment, license suspension, or contempt of court charges. If your circumstances change again and you cannot keep up with the plan, file another motion to modify it before you miss a payment.
What happens if you do not file a motion
Arrears do not disappear on their own. When the child turns 18 or finishes high school, future child support ends — but the arrears remain. The state can continue to pursue collection indefinitely. This means wage garnishment, tax refund interception, passport denial, and driver's license suspension can continue even after the child is grown.
If you ignore arrears, the other parent or the state can file a contempt of court motion against you. This can result in jail time if the judge finds you willfully refused to pay. The key word is "willfully" — if you are genuinely unable to pay due to unemployment or disability, jail is less likely, but it is still possible.
Filing a motion, even if you think the judge will deny it, shows the court that you are engaging with the process. It creates a record of your circumstances and your effort. This matters if enforcement action is taken later.
When to hire a lawyer for arrears issues
You can file a motion yourself without a lawyer, and many people do. However, a family law attorney can strengthen your case by helping you gather evidence, frame your argument, and present it effectively to the judge. If the arrears are large (over $5,000), if you have been threatened with jail, or if the other parent has a lawyer, hiring one is worth considering.
If you cannot afford a lawyer, contact your county's legal aid office. Many provide free or low-cost representation to people with low income. Search "legal aid [your county name] Florida" online, or call 211 to be referred to local legal services.
Frequently Asked Questions
Can I get my arrears forgiven if I was incarcerated?
Possibly. If you were incarcerated and unable to work, you have grounds to ask the court to reduce or forgive arrears that accumulated during that time. Bring proof of incarceration (a letter from the facility or court records). Courts are more sympathetic to arrears from incarceration than from other reasons, but forgiveness is not automatic.
What if the child is now an adult — can I still owe arrears?
Yes. Arrears are a debt separate from the ongoing support obligation. Even after the child turns 18 or finishes high school, you still owe what accumulated before that date. You must file a motion to address it; it will not disappear.
Will filing a motion stop wage garnishment?
Filing a motion does not automatically stop garnishment, but you can ask the judge to pause it while the motion is pending. Include this request in your motion. The judge may or may not grant it. If garnishment continues while your case is pending, the money collected will be applied to the arrears.
Can I modify my arrears if I was never served with the original order?
If you were never properly served with the original child support order, you may have grounds to challenge the entire order, not just the arrears. This is a more complex issue and usually requires a lawyer. Contact legal aid or a family law attorney to discuss whether this applies to you.
What if I cannot find the other parent to serve them with my motion?
Tell the court clerk that you cannot locate the other parent. The court has procedures for service by publication (posting a notice in a newspaper) or other methods. The clerk can explain your options. You cannot proceed without proper service, so ask for help rather than filing without it.