How can I have my Ex found in Contempt for not paying his full amount court ordered child support?

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Hello, I live in Florida and am tired of dealing with the DOR, they are a joke. I have been dealing with them for 12 years and not once have they enforced my case amoung a lot of other things. So I have decided to take him to court myslef for Contempt. He is ordered to pay $400 current and $50 in arrears. The last two months he has only paid $44 and a couple of month before that $100 and only $200 before that. He is in the arrears $13,131.00. I heard he is in contempt if he doesn't follow the Judge's orders which is the $450 a month but I have also heard that as long as he is showing a effort they might not. He is working but isn't paying I know this for a fact. Any ideas on how I can make sure he is foudn in Contempt. My Son is a Senior this year an can really use the money. Thank You!

Attorney Answers

4
Omar Famada ·
Unfortunately, DOR is usually overwhelmed with their case load. You need to file a Motion for Contempt and Enforcement. In the motion, you need to state the RELEVANT facts such as their is an Child Support Order in effect, that he hasn't paid, to enter an Income Deduction Order if there isn't one, and most importantly he must have the "present ability to pay." If he does not have the present ability to pay, then the Motion for Contempt is in my opinion a waste of time. If he's a deadbeat and every now and then you receive some support from him, think of it as blessing and a gift. However, if he owns real estate, personal property, has money in the bank, and/or has liquid assets, then by all means file a Motion for Contempt, Enforcement, and/or Sanctions. Through mandatory disclosure, he will have to disclose all his income, assets, and liabilities, which will be essential in proving his present ability to pay. If the court finds he willingly and/or intentionally refused to pay child support and has the present ability to pay, the court will find him in contempt of court and order him to pay a purge amount. If he refuses to pay the purge, the judge can throw him in jail until he pays up.
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Daniel Oliver ·
I agree with Attorney Famada. Your ex is woefully behind in child support, and it's time for you to hold his feet to the fire. You should file a Motion For Contempt and Enforcement schedule a hearing as soon as possible. You need to prove to the court (1) that he has the present ability to pay child support and (2) that he has willfully failed to do so. Make him come to court and explain why he can't even pay $400 in child support. If you can show to the judge that your ex is purposefully underemployed, you can win. Most importantly, the best way to make sure he is found in contempt is to hire an experienced family law attorney to help you. There's a lot of money at stake here, and your son deserves the support. Good luck to you.
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Sema Yildirim ·
File a contempt motion. Also ask to have his DL suspended and for incarceration. They will give him a purge to "bail" out if he has the ability to pay. You can also have his wages or tax returns garnished. There are many ways. It's best to hire an experienced private attorney.
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Alberto Batista ·
If you filed the Motion for Contempt, then you should receive mandatory post-judgment financial disclosure. If you have not received it within 45 days after the initial service of the filings, you should file a Motion to Compel Discovery. If the Ex is capable of making payments, then the court will likely hold him in contempt. You can request that he be ordered to pay a lump sum or purge amount within a set time, such as 30 days, in addition to child support and adjusted arrearages. You can also file with the Clerk of Court to have his drivers license suspended. http://www.clerk.citrus.fl.us/nws/home.jsp?catID=7013&sectionName=Courts&catName=Child%20Support%20Driver%20License%20Suspension%20Program&preview=no&section=1&item=181 You can also request incarceration, in the event that the contempt is willful, and that the Ex refuses to pay the amounts that he is ordered to pay. You can also ask the judge to enter an order garnishing his wages so that you are paid automatically, and also his annual tax refund.
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