Legal Question in Family Law in Florida

I have a friend who has petitioned for a modification of child support due to overpayment for over a year when oldest daughter graduated. His driver's license was wrongfully taken in August. He had a heart attack a couple years back and the ex has brainwashed the girls into hating their father and wanting nothing to do with him. The court date was for next week but we decided he needed representation so he sent a motion for continuance. Someone read on her facebook that she was going to file contempt papers on him today. He quit paying the child support when his license was taken. He has not been able to work much since the heart attack and when he did it was odd jobs...barely enough to get by. Without a driver's license, he has been unable to work at all. He is very upset and stressed. Does he need to be overly concerned with the contempt papers she's going to file on him today? Is she not in contempt by not notifying the DOR that support should of been half of what it was for over a year. Isn't she in contempt for not assuring his daughters had the ordered visitation and encouraging a relationship with their Father instead of a replacement. They wanted him to sign over rights to their "new step dad". Any feedback welcome. Thanks!


Asked on 11/29/11, 6:36 am

1 Answer from Attorneys
Lucreita Becude Lucreita D. Becude, P.A.

As long as the continuance is approved, I would not worry about contempts papers at the moment. Seek an attorney under legal aid and get help. INsofar as child support, he should probably file a motion to modify child support based on the fact that one child is no longer eligible and he should file a financial affidavit with the document. Set a hearing date and serve her with the papers.

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Answered on 11/29/11, 6:48 am


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