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Asking for purge and arrears
Anonymous3 views2 answers
I have gone after my children's father with purgrs. I was recently told that it basically is a slap on the risk, his license is reinstated and his purge he does not pay, and gets away with and doesn't serve jail time, goes on his arrears and he's clean slate all over again. How can I prevent this? I want to file a paper where he pays a purge of his arrears AND his current support!
Leslie S Brady-AltenFamily Law AttorneyPort Saint Lucie, FL ·
You need to provide the court with proof of his ability to pay the purge out of his income and/or assets. So, if you are seeking that all of his arrears be paid in a lump sum purge, you must show the court that he has that much available in a bank account or other liquid asset. If he is regularly employed, ask for an income withholding order, so his employer will deduct the child support directly from his paycheck. Good luck.
Hopefully Father is an employee and receives a W-2. If so, you can file a motion for contempt and enforcement, set it for hearing, and request that an IWO (Income Withholding Order) be entered to pay BOTH his ongoing child support obligation AND an amount (usually 20% of his ongoing child support obligation) toward arrears.
If he is NOT a W-2 employee, or someone who regularly receives income from the same "employer/business" you will have a much harder time collecting.
In either case, and experienced family law attorney would likely help get you better results that you have obtained on your own.
