How much back child support is a felony in Florida?
Introduction
Missing or delayed child support payments are a common issue that many children face. In the State of Florida, failing to make timely payments can result in serious legal consequences, including fines and even prison time. But, before we dive into the consequences, it’s essential to understand how much back child support is considered a felony in Florida.
Under Florida Statute
Under Florida Statute §47.138(5)(d), an individual is deemed to have committed a first-degree misdemeanor if they miss two or more months’ worth of child support payments, regardless of the cumulative total amount. This does not necessarily mean that anyone who misses two or more months’ worth of child support will be charged, but it does establish a general guideline for prosecutors and courts.
Felony Charges
However, it is essential to note that if an individual misses the payment of $6,000 or more, even if it’s for one month, they may face felony charges. This significant threshold was established in a 2008 court case, Johnson v. State (21 Fla. L. Weekly D1338).
Here are the details:
- Payment of $6,000 or more in back child support (even if for one month) is felonious
- The threshold amount ($6,000) can lead to first-degree misdemeanor charges
Timeline for Misdemeanors
When it comes to misdemeanors, the prosecution typically needs to show a specific pattern of missed payments over a period of at least two months. Here’s a timeline to help illustrate:
• 0-1 months: Payment missed (failing to make payment not a criminal offense)
• 2-5 months: Failure to pay multiple times; potential civil actions against the responsible individual
• 6 or more months: Felonious neglect of support for children
Sentencing
In the event a defendant is convicted of committing a first-degree misdemeanor due to non-payment of child support, they can expect:
- Maximum possible sentence: 12 months in prison and a $1,000 fine
- Actual time served: Typically depends on the defendant’s prior history and circumstances
Tables: Summary of Charges
Here is a table highlighting the potential charges for individuals who fail to pay child support in Florida:
| Missed Payments | Payment Amount | Felony/Violation | Sentencing Guidelines |
|---|---|---|---|
| 1 or fewer | Any | N/A | Civil actions against responsible individual |
| 2-5 | Up to $5,000 | Civil | Fined, or potential license suspensions |
| 2-5 | More than $5,000 | Civil | Fined and/or imprisonment (1 day – 6 months) |
| 6+ | Any | Yes | Felonous neglect; fined ( $1,000 maximum); and/or imprisonment (max. 12 months) |
Conclusion
When it comes to the significant question, "How much back child support is a felony in Florida?", it becomes clear that there is both a minimum threshold for triggering misdemeanor charges and a stricter, more severe criminal conviction threshold of $6,000 or more in outstanding payments. As parents or custodians, failure to fulfill their responsibility for child support can result in legal repercussions. By staying informed about the child support laws and regulations in the State of Florida, responsible individuals can better avoid misunderstandings and potential consequences, ensuring a safer, healthier environment for children.
Additional Tips and Reminders for Compliant Payment:
- Familiarize yourself with court-ordered child support deadlines
- Ensure regular monitoring of payments to avoid outstanding amounts
- Open honest communication with the court system, other parties, or involved individuals to maintain the highest level of responsibility.
