Criminal Charges for Unpaid Child Support in Miami

Dennis Gonzalez Jr. is a former Miami-Dade prosecutor who has been defending people since 2012. Our office answers 24 hours a day.

Florida: Failure to Provide Financial Support (§ 827.06)

Under instruction 16.2, the State must prove five things:

1. You willfully failed to provide financial support for the person.
2. The person was your child or spouse.
3. You were legally obligated to support that person.
4. You knew you were legally obligated.
5. You had the ability to provide support.

"Willfully" means intentionally, knowingly, and purposely. The jury may find that you knew of the obligation if a court or tribunal (including an administrative agency authorized to set support) entered an order requiring you to pay.

Penalties:

• First-degree misdemeanor (up to 1 year and a $1,000 fine).
• Third-degree felony (up to 5 years and $5,000) for a fourth or later conviction, or when you owed that child or spouse $5,000 or more for more than 1 year.
• On conviction, the court must order restitution equal to the total unpaid support at sentencing.

The statute also says that evidence you willfully failed to make sufficient good-faith efforts to legally get the resources to pay a court-ordered amount may be enough to prove ability to pay. The Legislature stated its intent that criminal penalties be pursued in appropriate cases where civil enforcement has not resulted in payment.

Federal: Failure to Pay Child Support (18 U.S.C. § 228)

Federal law applies when the child lives in a different state from the parent. Under Eleventh Circuit pattern instruction O7, the government must prove that you failed to pay a support obligation for a child who lives in another state, that you did so willfully, and that the obligation has been unpaid for more than 2 years or is more than $10,000. It is punishable by up to 2 years in prison.

The statute also covers:

• willful failure to pay for a child in another state when the amount is unpaid more than 1 year or exceeds $5,000 (first offense: up to 6 months); and
• traveling between states or abroad with intent to evade support in those amounts (up to 2 years).

A support order in effect for the charged period creates a rebuttable presumption that you could pay. Restitution of the full unpaid amount is mandatory. See Federal Crimes.

How We Defend These Cases

• Ability to pay. Job loss, illness, disability, and incarceration all bear on whether you could pay.
• Willfulness. Partial payments and efforts to modify the order matter.
• Knowledge of the order. Was the order properly entered and served?
• The amounts and dates. The felony levels depend on how much is owed and for how long.

What to Do First

1. Gather proof of income, job searches, medical problems, and every payment you made.
2. Do not ignore a warrant or summons. See Turning Yourself In.
3. Call us. If your income changed, also ask a family lawyer about modifying the order.

Why Choose Dennis Gonzalez Law, P.A.

• Former Miami-Dade prosecutor.
• Defending people since 2012.
• Super Lawyers recognition and an Avvo Rating of 10.0.
• Bilingual office — se habla español.
• We answer 24 hours a day. Call (305) 209-0384.

See our Results page and Bond & Nebbia Hearings.

Frequently Asked Questions

Can I go to jail for not paying child support in Florida?

Yes. Willful nonsupport is a crime, usually a first-degree misdemeanor, and it can be a felony when $5,000 or more is owed for over a year or it is a fourth offense. The State must prove you had the ability to pay.

I lost my job. Am I guilty?

Not if you truly could not pay. Ability to pay is an element. The State may argue you did not make good-faith efforts to earn, so documentation matters.