Obligor vs. Obligee in Florida Child Support

One of the most important considerations for a divorce where shared children are involved is the provision of child support. It can also be one of the more challenging aspects. Overcoming practical hurdles is essential to ensure children get the financial resources they need to thrive after their parents’ divorce.

Getting to this point can see you facing some specific terminology and the legal applications associated with it. A common specification that parents come across is the difference between an obligor and an obligee. These terms are vital to understand as they define the legal responsibilities for parents, alongside how child support is calculated and enforced.

We’re going to look a little closer at the definitions of obligor and obligee, and how their application affects the approach to support.

What is an Obligor?

Simply put, the obligor is the parent that is legally required to pay child support. While the circumstances can vary, this is usually the parent that has fewer overnights with the child. In some instances, particularly where shared custody is involved, the obligor may also be the parent that has the highest income. This is because, in all situations, the Florida courts aim to prioritize the child’s financial needs over the literal percentage of custody.

So, what is the obligor responsible for? Primarily, they’re required to ensure their support payments are on time and reflect the specifications of the court order. This determination will be designed to cover the obligor’s responsibilities to the child’s needs, including:

• Food and clothing
• Housing and utilities
• Educational expenses
• Healthcare costs
• Appropriate costs related to extracurricular activities

If the obligor fails to meet their obligations, there are likely to be significant legal consequences. Courts can impose everything from wage garnishment to incarceration, depending on the circumstances.

What is an Obligee?

The obligee is the parent or guardian that is entitled to receive child support payments from the obligor. In most cases, this is the parent that takes primary physical custody of the child, in that they have the higher number of overnights. As previously mentioned, though, this is not always the deciding factor, and a parent with equal custody but fewer financial resources may be an obligee.

Like obligors, obligees have responsibilities in relation to child support. The primary responsibility is to use the child support payments exclusively to benefit the child. This is not something monitored by the Florida courts, but if misuse is alleged by the other parent and confirmed by the court, there can be civil or criminal penalties as outlined under Florida Statute 827.08.

Enforcement Actions Against Obligors

If obligors fail to meet their child support payment responsibilities, obligees have the right to pursue enforcement. They can do this either through Florida’s Child Support program, or independently through the courts with the assistance of an experienced Florida family law attorney.

Some of the mechanisms of enforcement include the following.

Can the Roles of Obligor and Obligee Switch?

Life circumstances can change over time. As a result, the initial determination of the obligor and obligee roles may no longer be appropriate further down the line. Therefore, either party can petition the court to seek a modification to the arrangements when there is a significant change.

Typical examples of changes that could result in obligor and obligee role switches include:

• Custody change – If custody arrangements are altered, seeing the child spending a greater number of overnights with the obligor than the obligee, the court may redesignate the roles.
• Financial shift – If either parent’s financial situation changes, particularly in shared custody situations, the court may reassign in light of this.

As with most child support situations, this change of designation can only occur via a formal modification that is approved by the courts.

Shared Custody Does Not Eliminate Child Support

One of the common misconceptions about shared custody is that it means neither party is responsible for paying child support to the other. Yet, this isn’t always the case. The Florida courts can still decide to appoint an obligor and an obligee when there is equal time sharing, in order to ensure the child has access to consistent financial resources no matter which parent’s household they’re resident at any given time.

Some of the reasons a court might appoint one parent in shared custody situations an obligor are:

• Income disparity – One parent earns more than the other, and child support is assigned to address disparity of resources.
• Child’s needs – If a child’s specific financial needs aren’t being adequately met in both households, the court may appoint an obligor to mitigate this.
• Household expense differences – If one household has higher expenses than the other, and these are necessary for the child’s well-being, child support may be applied.

The Importance of Proper Documentation

Whether you’re appointed the obligor or the obligee, it is important to keep proper records as evidence that you’re meeting your responsibilities. This can offer protection both should you face disputes from your former spouse or to support requests for modifications.

For obligors

It’s important to keep records of every payment made in respect of child support and any additional funds you provide. These should include dates, amounts, and the method used (direct deposit, check, cash, etc.), and, where possible, supporting evidence such as bank statements.

For obligees

Obligees should keep records of any missed or partial payments, alongside evidence of any communications sent to the obligor in relation to these. Any additional expenses incurred related to the child’s needs that aren’t adequately met by support should also be documented.

Final Word: Each Role is Vital

Both obligors and obligees have serious responsibilities when it comes to child support. Whether you’re obligated to pay support or to utilize it effectively, understanding the difference in the roles ensures you can meet your own requirements and ensure your former spouse is acting in your child’s best interests. Navigating the legal elements of these relationships and adopting the role you feel is most appropriate can be challenging, though.

If you’re navigating custody issues for the first time or seeking adjustments to arrangements, it is vital to seek the assistance of one of our experienced Florida family law attorneys. We’ll help you to better understand the options available and provide the representation you and your child need.