Legal Question in Family Law in Florida

my ex husband have been constantly late in his child support....when I submit a contempt of court charge he always seems to appeal it, we go in front of the judge and he gets another 30 days to pay. He has recently filed a lawsuit to get his support drastically lowered and now has not been paying at all even though no new court order has been put in place. I filed another contempt of court which we went in front of a judge last month...judge ordered him to pay and also $100 additional per month to cover what he is delinquent on. He has chosen to ignor it and he and his attorney claim he can't afford anything. Yet he is still pursuing his rights for visitation. I have spent thousands on my attorney yet he seems to not be doing much.....except take my money. Everyone seems to be allowing him to get away with this behavior. He is constantly standing our daughter up, refusing to pick her up at school or help in anyway. I can't even plan trips because I never know if he will show up on time or not. Now his attorney wants to transfer venue to her county (Seminole...in Florida) from Lake County. My attorney is not being a pit bull at all and going after my ex nor is anyone even asking why doesn't he get another job if he can't afford to pay at least $194 a month??? He owns his own graphics business and often gets paid in cash and does not have a checking account according to him.....so very hard to prove what he makes. He's claiming he is now making only $18K a year from over $100K just three years ago. We've gone in front of a judge three times now for him being delinquent and every time he's allowed more time to pay and never gets slapped with contempt of court or put in jail.


Asked on 11/17/09, 6:56 am

2 Answers from Attorneys

Sarah Grosse Sarah Grosse, Esquire

I heard you vent, but I did not hear a question. This is messy, and perhaps you should hire a different attorney. I happen to know a good "pit bull" family law guy, if you would like a referral. But, please know that just because it's not going your way does not mean your attorney f*ed it up.

Email me for the referral.

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Answered on 11/22/09, 7:21 am
Lucreita Becude Lucreita D. Becude, P.A.

Just because he is not paying support does not mean he cannot have visitation. The judge that hears your case is probably thinking it is best to leave him on the street to make money than put him in jail for non support. However, what you should do is report him to the child support enforcement division in your area for non-support. YOu do not need an attorney for this and you will probably get more help from them. Good Luck.

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Answered on 11/22/09, 10:11 am


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