Child Support – Direct Payment vs. The Depository

Many older (and some newer) final judgments provide for a child support obligation that is to be paid directly to the other parent via check, money order, or otherwise. However, most court-ordered child support obligations must be paid through the state depository in Tallahassee, which then disburses the funds to the payee.

Upon disbursement, the local clerk will keep a running total of the amounts assessed and the amounts paid on a continuing basis. In this way, it is possible for the parent who owes support to quickly determine how much is owed, if any, in arrearages.

Many parents often find it more convenient to pay their ex-spouse directly, which also avoids the administrative fee charged by the state. However, in the event cash is paid as child support, or adequate records of direct payments are unavailable, the payor parent can find themselves in the dangerous position of having to prove, under penalty of incarceration, that the support order was complied with.

For this reason, and many others, it is advisable to pay your child support through the depository. You are also entitled to an income withholding order pursuant to F.S. 61.1301 which will automatically remove the payments from your paycheck so that no affirmative action at all is required on your part. This provides a certain peace of mind which is difficult to put a price on.