OFFICE OF LAURA E. ROTH
CLERK OF THE CIRCUIT COURT
VOLUSIA COUNTY, FLORIDA

Child Support

Provides assistance for enforcement, payments, payment history, and case record status maintenance for court ordered child support payments.

Making Child Support Payments

State Disbursement Unit

Many court ordered payments for child support must be made to the State Disbursement Unit in Tallahassee. The State Disbursement Unit was created by 1998 Florida Statute 61.1824 with the intent of providing a centralized payment processing system.

The following types of cases are processed by the State Disbursement Unit:

  • All cases enforced by the Department of Revenue Child Support Enforcement Program
  • All cases in which there is an income deduction order and the initial support order was issued on or after January 1, 1994

You may pay child support online with a credit card or electronic check (direct debit from a bank account). These services are available for all child support cases that are processed through the Florida State Disbursement Unit. The funds will be electronically transferred to the State Disbursement Unit for processing. In addition to making payments, you can inquire on previous payments and have your Child Support questions answered.

If you choose to mail your payment, you should make your check or money order payable to "FLSDU" and mail to the Florida State Disbursement Unit address listed in the contact information shown in the gray box.

The following information must be included on your check or on an attachment:

  • Case number
  • County (where order was issued)
  • Your Name and Address
  • Your Social Security Number

The State Disbursement Unit will process support payments the same day the payments are received. The FLSDU will issue checks to be mailed on the next working day.

Enforcement

If you require assistance in collecting court-ordered child support you can contact the State of Florida's Department of Revenue. The Department of Revenue is the Child Support Enforcement agency for the State of Florida. The phone numbers are listed in the contact information shown in the gray box. They can provide assistance in collecting court-ordered child support in those situations involving public assistance programs, as well as those that do not.

You can also contact a private attorney for assistance in enforcing your child support rights.

The Clerk's office has few enforcement powers. In order for the Clerk's office to issue a notice of delinquency the payor must be a minimum of 15 days late in making their periodic payment and the amount of delinquency must be greater than the installment amount ordered by the court. If as long as the notice of delinquency is not contested by the payor and the account remains unpaid, our office will file a judgment against the person obligated to pay. This judgment becomes a lien against any real property owned by the individual.

Another option is to request the Clerk's office to suspend the driver's license of the delinquent obligor with the Initiate Suspension of Deliqent Obligor's Driver's License form.

Payment Inquiry

The State Disbursement Unit payment information can be found in the contact information shown in the gray box.

The Clerk of Court provides a method for you to look up the last five payments processed and any future scheduled court events on your Child Support Case Inquiry. Be prepared to provide your 9 digit case number and Social Security number.

To obtain a copy of your account payment history, just visit our office at any of our clerk locations. The payment history will show the account balances and a history of payments and assessments on the account. The cost is $1.00 per page.

Change of Address

If you are receiving or making support payments, you must provide the Clerk's Office with your new address in writing. You will need to include the case number and your Social Security number. For recipients of child support, the change must be notarized. You will need to submit a Notification of Name and/or Address Change Form.

Frequently Asked Questions

Q: How do I change my child support order?

In order to change an existing order, a new court order must be entered. There are a few ways of doing this.

  • If your case is handled by the Department of Revenue, you can request the Department of Revenue review your case to see if it warrants an adjustment.
  • File your own motion with the court to modify your court order.
  • Have an attorney prepare the necessary court documents.

Q: How do I contact the Department of Revenue?

Please see the phone numbers and mailing address listed in the contact information shown in the gray box.

The State of Florida Disbursement Unit (SDU) is available 24 hours a day, 7 days a week for payment information. The Department of Revenue Automated Payment Line (APL) is available Monday through Friday 8:00 AM to 6:00 PM EST. APL callers must enter their Social Security number and their Security Access Code which is the 2 digit birth year followed by the 2 digit birth month. The SDU phone number, website, and mailing address are listed in the contact information shown in the gray box.

Additional information may also be obtained at PayKidz.com.

Q: How do I file my own motion with the court?

You can hire an attorney or file the motion yourself. Instructional booklets are available for purchase from Community Legal Services of Mid-Florida or the Clerk of the Court. There is a charge for these booklets. Forms can be obtained at no charge at flcourts.org.

Q: Does an adjustment or modification always increase the current child support order?

No. The adjustment could raise or lower the current support order.

Q: My ex is receiving public assistance. Why is the Department of Revenue still enforcing the order?

If there is an order in effect, it does not matter if the custodial parent is receiving public assistance or not; the child support order does not stop.

Q: My order allows me time with my kids but the custodial parent is not letting me see them. Can I stop paying support?

No. Florida Family law draws a very definite line between the issues of physical placement and child support. No parent can withhold court ordered support because they are denied court ordered periods of visitation. Likewise, no parent can deny court ordered visitations because the other parent is withholding court ordered support payments.

Q: The kids are living with me now. Why am I still paying support?

You will have to continue to pay support until you produce an order from the court stating that placement has changed and your obligation to support the children has been terminated.

Q: The custodial parent doesn't spend the support money on our kids. What can be done?

The money spent on housing, utilities and food by the custodial parent is shared with the children. If you believe your children are not being adequately fed, clothed and housed, then you may contact the county social services agency where your child lives. Neither the state nor the federal government has jurisdiction over how the custodial parent spends child support payments.

Q: I'm not working now. Why do I still have to pay the same amount of child support?

If you believe your current support order no longer reflects the appropriate amount based on your current income, you will need a new order from the court to change the amount of support.

Q: I didn't receive a notice of delinquency from the Clerk. How could a judgment have been recorded in the Official Records without my knowledge?

The Clerk is required by Florida Statutes Chapter 61 to send a notice of delinquency to the last known address on any account 15 days past due. If you have changed your address but did not notify the Clerk, your old address would still appear as the last known address. Your court order requires that you immediately notify the Clerk of address changes. You will need to submit a Notification of Name and/or Address Change Form. The judgment was placed in the Official Records because your account was still delinquent after 30 days.

Q: If the Non Custodial Parent is in prison, why would he/she still have to pay child support?

Every child has the right to be supported by both parents, and every parent has an obligation to support their child, regardless of whether a parent is incarcerated. The only time the courts will even consider that a support obligation be terminated when a non-custodial parent is incarcerated is if that parent was sentenced to be incarcerated for life, with no chance of parole.

Q: How do I know if a payment was received? Has the Non Custodial Parent made a child support payment yet?

Payment information can be obtained by calling our DeLand location. Please see the phone number listed in the contact information shown in the gray box. You may also perform a Child Support Payment Inquiry online to obtain information on the last five payments received and/or any future scheduled court events.

Q: The Online Child Support Inquiry shows that the Clerk received a payment but I have not received my check. What do I need to do?

Payments should be mailed within two business days of receipt to the last known address on the account. If your address has not changed, please allow the postal service 10 business days to deliver the payment before contacting the Clerk's Office. However, If you have changed your address but did not notify the Clerk, your old address is where the payment was mailed. Your court order requires that you immediately notify the Clerk of address changes. You will need to immediately submit a Notification of Name and/or Address Change Form and advise the Child Support division of the Clerk's office whether the check needs to be voided and reissued.

Q: My ex-spouse made a support payment directly to me instead of paying through the Clerk of the Court. Now he has received a notice of delinquency. How do we get a credit for the amount paid directly?

Your court order requires payments to be made through the Clerk of the Court and you are expected to comply with that order. You are allowed a one-time request for credit of payments made directly to the custodial parent, but you must submit an affidavit. The Affidavit of Direct Support Payment must be signed by both parties and notarized.

Q: My son is 22 years old and income deduction payments are still being taken from my pay for child support. How can this be?

There are most likely arrears owed on your account. The support and arrears payments will continue until the arrears balance is paid in full.

Q: What if I don't think I owe back child support?

You have the right to request payment records from the child support department. Copies of your payment history can be obtained at any one of our offices for a service charge of $1.00 per page. After receiving the records you may compare them with your own records to determine if the past-due support amount is accurate. If you feel there is an error, you should contact the child support department in writing to give possible reasons for the discrepancy. You must provide evidence for your belief that the amount is in error. The Child Support department will review your case to determine if there is an error. If you do not agree with the child support department's decision, you may request a hearing so that the court can decide the issue.

Q: The non-custodial parent of my children does not want an Income Deduction Order to go to his/her employer. He/she prefers to pay me directly. Is this all right?

Income withholding is required by the Florida Statutes. Only a judge can change the order.

Q: I owe back child support and I know my taxes will be intercepted. I am remarried and am concerned my new wife's tax return will be intercepted. Will this happen?

Yes. If you file a joint return then you may also file an injured spouse claim (IRS form 8379). The IRS will pro-rate the refund. Contact your tax preparer for filing advice.

Q: I am not getting any child support. I want the non-custodial parent in jail but the Department of Revenue just sends him/her a letter. I want him/her arrested. What can I do?

There are many steps to enforcement. Before any payer can be arrested he/she must first be either found in contempt of court or unable to be located to be served. You must go through the due process.

Q: My daughter turned 18 in February but doesn't graduate until June. When will my child support obligation stop?

Check your child support order to see when the end date is. Most of them are 18 years old unless pursuing a high school diploma but not later than 19 years old. At that time you must provide us with a copy of the high school diploma or a letter from the high school indicating the date of graduation. The Department of Revenue will then stop current child support and send a notice to terminate income withholding to your employer.

Q: The non-custodial parent is (re)married. The new spouse makes a lot of money. Can the amount I receive for child support be based on the spouse's income also?

No. The responsibility for supporting a child rests with the parents of the child. Under Florida law a stepparent has no legal responsibility to support the children of his/her new spouse.