Legal Question in Family Law in Florida

Child Support

My ex-husband is $29,000 in arrears, he has been paying support for the last 2 years, but he was not paying for 7 years prior, even though he is paying weekly the arrears amount has not lessened. My question is ''How would I or an attorney go about sueing him, I know the amount is above small claims court? I live in Palm Coast, FL


Asked on 2/12/08, 9:33 am

2 Answers from Attorneys

Re: Child Support

You will need to file a Motion with the Court where child support was established asking them to establish the amount of child support arrears. Once the arrears are established, the Court can set aside an amount in addition to child support to repay the debt. A Court can also award you a money judgment which would allow you to potentially seize personal property to satisfy the debt. You may want to contact the Florida Department of Revenue in your area about Child Support Enforcement.

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Answered on 2/12/08, 9:51 am
James Hart The Hart Law Firm, P.A.

Re: Child Support

You would need to file a motion in family court where the original child support order was entered. First you need to go to the clerks office in your county and request an "arrearage affidavit" from the clerk (assuming support is paid through the State Disbursement Unit). Make sure to get a printout for each year that support payments should have been made.

You motion would be one for contempt and/or to establish payment on arrearage amount. Generally, the courts can award you up to another 20% of your base child support amount and apply it to the arrearage. After the children are adult age, the father would still have to pay until the arrearage is paid in full.

Good Luck.

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Answered on 2/12/08, 5:04 pm


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