Florida Child Support Arrears Interest 2026: How 6% Is Calculated

6% Per Year: Florida's Automatic Arrears Interest Rate

Florida's child support arrears interest is set by Fla. Stat. § 409.2563(6)(f), which provides for interest on overdue support at 6% per year. The rate is simple interest, applied to each unpaid payment from the date that payment was originally due.

Unlike New York's CPLR § 5004, which requires a formal court judgment before any interest accrues, Florida's interest begins automatically. There is no additional filing required. If a payment was due on March 1, 2024, and was never made, interest started accruing on March 1, 2024 at 6% per year — whether or not any legal action has been taken.

Key Characteristics of Florida's Rate: - Rate: 6% per year - Type: Simple interest (not compound) - Start date: Date each payment was originally due - Trigger: Automatic — no judgment required - Enforcement: Florida Department of Revenue (DOR)

The 6% rate has been stable under Florida law and applies uniformly to all child support orders issued through the Florida court system. It is one of the lower automatic rates among major states, but its automatic nature means it begins accruing immediately without any action by the custodial parent.

How FL Interest Differs from NY: No Judgment Required

The contrast between Florida and New York illustrates two fundamentally different policy approaches to child support arrears interest.

New York's Approach: Under CPLR § 5004, New York charges 9% annual interest on child support arrears — but only after the custodial parent files a petition and obtains a formal money judgment. A parent owed $20,000 in arrears who never dockets those arrears as a judgment earns $0 in interest, regardless of how many years pass. The judgment is the trigger.

Florida's Approach: Under Fla. Stat. § 409.2563(6)(f), Florida charges 6% annual interest automatically from the date each payment was due. No petition, no judgment, no additional legal action required. The moment a payment is missed, the 6% interest clock starts running.

Practical Consequence: A parent owed $20,000 in arrears over 5 years: - Florida: $20,000 × 6% × 5 = $6,000 in interest automatically accrued - New York (no judgment): $0 in interest — entire interest opportunity forfeited - New York (with judgment): $20,000 × 9% × 5 = $9,000 in interest, but required court action

Florida's automatic accrual protects custodial parents who may not have legal representation or know how to docket arrears as a judgment. The interest simply accrues as a matter of law.

The Florida Department of Revenue tracks arrears and interest through its Child Support Enforcement Program, and the accumulated interest is included in the total balance owed that the DOR pursues through enforcement actions.

Income Deduction Orders: Florida's Prevention-First Approach

One of Florida's most distinctive features is its mandatory use of Income Deduction Orders (IDOs) under Fla. Stat. § 61.1301. An IDO is an order directed to an employer requiring automatic withholding of child support from the non-custodial parent's wages.

How IDOs Work: When a Florida court enters a child support order, it simultaneously issues an Income Deduction Order unless the parties agree to an alternative arrangement or the court finds good cause not to issue one. The IDO is served on the employer, who must begin withholding the support amount from every paycheck.

Why IDOs Reduce Arrears: Because support is withheld automatically before wages are paid to the employee, the non-custodial parent never has the money to choose not to pay. This prevents the accumulation of arrears in the first place. Florida's IDO system means that arrears typically only accumulate when: - The non-custodial parent changes jobs and the new employer has not yet received the IDO - The non-custodial parent is self-employed and not subject to wage withholding - The parent goes unemployed or has irregular income - The IDO covers less than the full support obligation

IDO vs. Administrative Withholding: Florida's IDOs are distinct from standard wage garnishment after arrears accumulate. The IDO is issued at the time of the original support order, before any default. It is preventive rather than remedial. This is why Florida's arrears rates are generally lower than states that rely primarily on enforcement after non-payment.

Fla. Stat. § 61.1301 provides that the IDO takes effect immediately upon service on the employer and continues until the support obligation terminates or the order is modified.

Step-by-Step: Calculating Florida Child Support Arrears Interest

Florida's 6% interest under Fla. Stat. § 409.2563(6)(f) is simple interest calculated from the date each payment was due.

Formula: Interest = Principal × 6% × Years

Or expressed daily: Daily interest = Principal × 0.06 ÷ 365

Example 1 — $8,000 in Arrears, 2 Years: - Principal: $8,000 - Rate: 6% per year - Duration: 2 years - Annual interest: $8,000 × 0.06 = $480 - Total interest over 2 years: $960 - Total owed: $8,960

Example 2 — $20,000 in Arrears, 3 Years: - Annual interest: $20,000 × 0.06 = $1,200 - Total interest over 3 years: $3,600 - Total owed: $23,600 - Daily rate: $20,000 × 0.06 ÷ 365 = $3.29/day

Example 3 — $35,000 in Arrears, 5 Years: - Annual interest: $35,000 × 0.06 = $2,100 - Total interest over 5 years: $10,500 - Total owed: $45,500

Multiple Missed Payments: When multiple monthly payments have been missed at different dates, the technically correct calculation applies 6% from each individual payment's due date. For example: - January 2023 payment of $1,500: interest runs from Jan 1, 2023 - February 2023 payment of $1,500: interest runs from Feb 1, 2023 And so on for each unpaid month

In practice, the Florida DOR tracks accumulated arrears and calculates interest on the total outstanding balance. The calculator above applies 6% to the total arrears balance from the date you specify.

Partial Payments: Partial payments reduce the principal balance. Future interest is then calculated on the reduced balance. Interest already accrued before the payment is not eliminated by the partial payment.

Florida DOR Enforcement Tools

The Florida Department of Revenue (DOR) administers child support enforcement under Chapter 409, Florida Statutes. Florida's enforcement program is one of the most comprehensive in the country.

Income Deduction Orders (Preventive): Fla. Stat. § 61.1301 — Employers withhold support automatically from wages before payment to the employee. This is the primary enforcement mechanism in Florida and the reason arrears are less common than in states without mandatory IDOs.

Wage Garnishment (Remedial): When arrears accumulate despite an IDO (typically due to job changes or self-employment), the DOR can garnish wages through a court order. Federal CCPA limits apply: up to 65% of disposable earnings when supporting another spouse or dependent family, 60% otherwise; both limits increase by 5% if the arrears are more than 12 weeks old.

Federal Tax Intercept: Federal tax refunds are intercepted and applied to arrears through the Federal Tax Refund Offset Program. There is no minimum arrears threshold for cases enforced by the DOR.

State Tax Intercept: Florida intercepts state tax refunds through the State Tax Refund Offset Program for arrears of $500 or more.

License Suspension: Under Fla. Stat. § 61.13016, the DOR can suspend driver's licenses, professional licenses, and recreational licenses (hunting and fishing) for non-payment of child support.

Passport Denial: Under federal law (42 U.S.C. § 652), the State Department will deny or revoke a passport when child support arrears exceed $2,500.

Contempt of Court: A non-custodial parent who willfully fails to pay court-ordered support can be held in contempt, with penalties including fines and incarceration.

Credit Reporting: Child support arrears are reported to consumer credit bureaus, affecting the non-custodial parent's creditworthiness.

More information: Florida DOR Child Support — floridarevenue.com/childsupport

The September 30 Min Wage Change: Impact on Garnishment

Florida's minimum wage is scheduled to increase from $14.00 to $15.00 per hour on September 30, 2026, under Amendment 2 to the Florida Constitution (passed in 2020). This change has a direct but often overlooked effect on child support wage garnishment calculations.

How Florida's Minimum Wage Affects Garnishment: Federal law under the Consumer Credit Protection Act (CCPA) protects a floor of disposable earnings from garnishment. For child support, courts apply the 50–65% cap on disposable earnings, which in most cases is the binding limit.

The Florida minimum wage increase does not directly change the federal CCPA calculation floors, since those are tied to the federal minimum wage (currently $7.25). However, a higher Florida minimum wage does affect:

1. Calculation of Disposable Earnings: As wages increase toward and above Florida's new $15/hr minimum, the dollar amount of disposable earnings increases, which means the absolute dollar amount that can be garnished (as a percentage of disposable earnings) also increases.

2. Employer IDO Compliance: Employers administering IDOs must ensure that the withholding amount after support deduction still meets Florida's minimum wage floor. As the minimum wage rises, this calculation must be revisited.

3. Self-Support Reserve: Florida courts calculate child support and modification requests using each parent's net income. A higher minimum wage affects the calculated net income for minimum-wage earners, which can be relevant in modification proceedings.

Action for Custodial Parents: If you have an active income deduction order or garnishment, no action is required on October 1, 2026. The wage increase does not reduce your enforcement rights. It simply increases the total wage pool from which the percentage can be taken.

The Florida DOR automatically adjusts garnishment calculations in its system based on current wage data. For privately enforced support orders, attorneys may need to recalculate the garnishable amount when minimum wage changes take effect.

Florida vs California vs Missouri vs New York: Full Comparison

The four states most commonly compared for child support arrears interest — Florida, California, Missouri, and New York — take distinctly different approaches to rate, trigger, and enforcement.

Florida (Fla. Stat. § 409.2563(6)(f)): - Rate: 6% per year - Type: Simple interest - Trigger: Automatic from each payment's due date - No court action required - IDO mandatory at time of order - Enforcement: DOR (strong administrative program)

California (Fam. Code § 17433.5): - Rate: 10% per year - Type: Simple interest - Trigger: Automatic from each payment's due date - No court action required - One of the highest automatic rates in the US

Missouri (RSMo § 454.520): - Rate: 12% per year - Type: Simple interest - Trigger: Automatic on all unpaid support - No court action required - Highest automatic rate among major states

New York (CPLR § 5004): - Rate: 9% per year - Type: Simple interest - Trigger: Only after formal judgment is docketed - Without judgment: zero interest accrues - Collection window: 20 years (CPLR § 211(e))

Side-by-Side on $10,000 Arrears Over 2 Years:

Florida: 6% automatic — $1,200 interest — $11,200 total California: 10% automatic — $2,000 interest — $12,000 total Missouri: 12% automatic — $2,400 interest — $12,400 total New York (with judgment): 9% — $1,800 interest — $11,800 total New York (no judgment): 0% — $0 interest — $10,000 total

For Custodial Parents: - Missouri and California provide the most interest, automatically - Florida provides the least interest of the four states with automatic accrual - New York with judgment is better than Florida in dollar terms, but requires legal action - New York without a judgment entered means no interest accrual at all

For Non-Custodial Parents: - Florida offers the lowest automatic interest exposure of the four states - Missouri creates the fastest-growing arrears balance - New York without a judgment entered means no interest accrual — yet

Sources: Fla. Stat. § 409.2563 (leg.state.fl.us) | Florida DOR Child Support (floridarevenue.com/childsupport)