Legal Question in Family Law in Florida

Not going by Court Orders

My ex is court ordered to pay child support on the first of each month and help with medical bills. He did not pay for 2 bills and has been paying late. Also says that he wants to lower his payment amount. If he takes me back to court to lower the payment does it go by last years tax record or by what he is currently making? And not doing what is court ordered with his payments, what will happen if I present that to the judge?


Asked on 9/06/07, 4:54 pm

2 Answers from Attorneys

Scott R. Jay Law Offices of Scott R. Jay

Re: Not going by Court Orders

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The calculations will generally go by his current income unless he has voluntarily lowered it in order to get a reduced child support ordered. If so, the court will impute his income based on his history.

You will be entitled to present testimony on your ex's failure to pay his current obligation. Depending on the testimony, the Court may get quite upset or accept his explanation but will usually order him to pay arrearages.

Scott R. Jay, Esq.

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Answered on 9/07/07, 12:49 am

Re: Not going by Court Orders

If you had a lawyer get him back involved. If he is in arrears then the Court will order him to make that up. I would take the medical bills with you to get the Court to enforce what it already had ordered. Might want to get an income deduction order in place at his work so you get the support in a timely fashion. Better to have your attorney look at it.

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Answered on 9/07/07, 3:28 pm


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