Legal Question in Family Law in Florida
child enfocrement
Is an ex husband still contempt if he is 19 months behind in child support and sending in money (not yet received) now to try and catch up by sending a few hundred monthly? He said he can not pay the whole amount at one time. He said if l file for this contempt he will have to fly and spend extra money and the child will ultimately suffer because the money could go to him. I know he is playing the system to keep himself out of jail. This will last for a few months and stop again.
I just want to know if by law l can still file a contempt charge and enforement of child support and maybe and income deduction order just so l know a steady income will come in for my child who needs therapies.
1 Answer from Attorneys
Re: child enforcement
You should file your motion for contempt, and in it, seek the entry of an income deduction order. Then, when you serve it on your ex, tell him you won't set it for hearing (or you will postpone the hearing if the Court sets it) as long as he keeps sending the extra payments. When he is paid up, tell him you will file a notice withdrawing the motion for contempt.
Attorney Hanks, P.A.
St. Petersburg, FL
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