Category: Criminal Offenses · Statute: F.S. 827.06 · Source: Florida Legislature
Understanding Deadbeat Parent (Non-Support) in Florida
In Florida, while child support enforcement typically begins in civil dependency or family courts through driver's license suspensions and contempt hearings, the state can elevate chronic non-payment to a criminal offense under Section 827.06 of the Florida Statutes. To secure a conviction for criminal non-support, the prosecution must prove that a parent had the actual financial ability to provide the court-ordered support but willfully chose not to do so. This distinction is critical; a parent who is genuinely destitute or physically unable to work does not meet the statutory definition of committing a willful crime, though they may still face civil enforcement actions.
The severity of the criminal charge escalates based on the duration of the non-payment. Under Florida law, a parent who willfully fails to provide support for a child commits a first-degree misdemeanor. However, if the support has been left unpaid for a cumulative period of over four months, or if the outstanding debt exceeds a specific threshold, the offense is elevated to a third-degree felony. This felony charge carries a potential penalty of up to five years in state prison. Furthermore, if a parent crosses state lines to evade these financial obligations, the case can be referred for federal prosecution under the Child Support Recovery Act (18 U.S.C. § 228).
Bail and Release Conditions for Non-Support Charges
When an individual is arrested for criminal non-support in Florida, securing pretrial release often involves unique financial hurdles beyond a standard bail bond. Judges frequently condition release on the payment of a "purge amount"—a specific cash payment directed toward the outstanding child support arrears—in addition to setting a traditional bail bond for the criminal charge itself. Furthermore, the court may mandate electronic monitoring or require the surrender of the defendant's passport to prevent them from fleeing the jurisdiction to avoid their ongoing support obligations.