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  #1  
Old 12-12-2007, 08:18 PM
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Ex Husband playing games with court orders


What is the name of your state? Florida

I am writing on behalf of my sister.

She was divorced in Sept of 2003 and is permantantly disabled. One daughter lives with her. The marital divorce agreement states she will be paid permanent alimony and child support weekly. She lives 5 hours from him in Northern Fla.

He send his checks to her late, sometimes 2-3 weeks late. She has a case in Broward County and he was found in contempt and ordered to pay her the past due items. He continues paying late and then the week before the court date, he sends her everything that is late,so he can say he is current in court.

If there anything she can do about enforcing him to pay ontime ? The judge doesnt seem interested in a Federal Depository/

Any help is appreciated
  #2  
Old 12-12-2007, 08:32 PM
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Location: Central Florida
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Quote:
Originally Posted by RCiancia View Post
What is the name of your state? Florida

I am writing on behalf of my sister.

She was divorced in Sept of 2003 and is permantantly disabled. One daughter lives with her. The marital divorce agreement states she will be paid permanent alimony and child support weekly. She lives 5 hours from him in Northern Fla.

He send his checks to her late, sometimes 2-3 weeks late. She has a case in Broward County and he was found in contempt and ordered to pay her the past due items. He continues paying late and then the week before the court date, he sends her everything that is late,so he can say he is current in court.

If there anything she can do about enforcing him to pay ontime ? The judge doesnt seem interested in a Federal Depository/

Any help is appreciated
Why isn't the support already being garnished from ex's pay?

She needs to read the entire court order to see if an income deduction order was issued. If it was, she can get a certified copy of it and serve ex's employer with it.

If nothing else, she can file a contempt motion each and every time he gets 30 days behind. That seems to be a good way to force him to pay, plus the Judge will eventually see what games he's playing and might find him in contempt anyway.
  #3  
Old 12-12-2007, 08:46 PM
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Originally Posted by Gracie3787 View Post
Why isn't the support already being garnished from ex's pay?
Maybe he doesn't HAVE an employer.

Many people work for themselves, or as contractors. I spent much of my career without a weekly or EOW check. And hubby gets paid after a project is completed, not every week or EOW. Sometimes three checks in a week, then none for two weeks. My dad never had a weekly paycheck either, he got money only when something closed.
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  #4  
Old 12-12-2007, 08:51 PM
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Originally Posted by nextwife View Post
Maybe he doesn't HAVE an employer.

Many people work for themselves, or as contractors. I spent much of my career without a weekly or EOW check. And hubby gets paid after a project is completed, not every week or EOW. Sometimes three checks in a week, then none for two weeks. My dad never had a weekly paycheck either, he got money only when something closed.
I know, that's why I asked OP why the payments aren't being garnished. I just added the other info in case the ex does have an employer. (saves me time reposting, I'm getting lazy I think.
  #5  
Old 12-12-2007, 09:21 PM
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Let me clarify

He owns an auto repair business, but once I filed papers in court to get my money, he put the business in his new wife and fathers name. He reduced his income to minimal levels so there isnt much that can be done. When he was found in contempt, he was not ordered to do a depository.

If she files a motion each time he is late, it costs her $250 an hour for her attorney. He knows he can do this and get away with it..

Its very sad, she lives week to week because of him.

thx
  #6  
Old 12-12-2007, 09:30 PM
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Quote:
Originally Posted by RCiancia View Post
Let me clarify

He owns an auto repair business, but once I filed papers in court to get my money, he put the business in his new wife and fathers name. He reduced his income to minimal levels so there isnt much that can be done. When he was found in contempt, he was not ordered to do a depository.

If she files a motion each time he is late, it costs her $250 an hour for her attorney. He knows he can do this and get away with it..

Its very sad, she lives week to week because of him.

thx
If she is permanently disabled hopefully she is receiving SSDI?

It may be in her best interest to downsize as much as possible, so that if at all possible she can cover the basics without his payments...and then his payments would be a bonus rather than a necessity.

She should also apply for whatever state aid is available to her if she has not already done so.
  #7  
Old 12-13-2007, 11:41 AM
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Originally Posted by RCiancia View Post
If she files a motion each time he is late, it costs her $250 an hour for her attorney.
She doesn't have to use an attorney to file contempt motions. She can use the court forms and file herself. The only fee then is the filing fee, and perhaps she can get a discounted or free filing depending upon FL's rules and her income, etc.

Check Gracie3787's past posts for tons of FL legal links!
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  #8  
Old 12-13-2007, 12:01 PM
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Location: California
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Quote:
Originally Posted by RCiancia View Post
Let me clarify

He owns an auto repair business, but once I filed papers in court to get my money, he put the business in his new wife and fathers name. He reduced his income to minimal levels so there isnt much that can be done. When he was found in contempt, he was not ordered to do a depository.

If she files a motion each time he is late, it costs her $250 an hour for her attorney. He knows he can do this and get away with it..

Its very sad, she lives week to week because of him.

thx
I might just be picky but I caught this right away. Is this you or your sister/friend you are talking about????

I get confused easily these days!!!
  #9  
Old 12-13-2007, 03:30 PM
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Originally Posted by StampGirl View Post
I might just be picky but I caught this right away. Is this you or your sister/friend you are talking about????

I get confused easily these days!!!
You are definately not confused.

Unfortunately, this poster has decided that she likes to play games with this board, she will post as herself, a woman one time, then another time will post as a man. Now, in this thread, she says that he question is for hers "sister", yet, checking over her posting history, the OP and her "sister" have EXACTLY the same circumstances, disabilty and all.

OP: a few weeks ago I realized what games you were playing here and called you on it. Unfortunately, you decided to keep right on playing, so, even though I have alot of knowledge of FL laws, I will no longer be helping you. My last bit of advice- go pay an attorney to put up with and sort out your lies and games.
  #10  
Old 12-13-2007, 03:35 PM
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Originally Posted by Gracie3787 View Post
You are definately not confused.

Unfortunately, this poster has decided that she likes to play games with this board, she will post as herself, a woman one time, then another time will post as a man. Now, in this thread, she says that he question is for hers "sister", yet, checking over her posting history, the OP and her "sister" have EXACTLY the same circumstances, disabilty and all.

OP: a few weeks ago I realized what games you were playing here and called you on it. Unfortunately, you decided to keep right on playing, so, even though I have alot of knowledge of FL laws, I will no longer be helping you. My last bit of advice- go pay an attorney to put up with and sort out your lies and games.
Solidarity with Gracie.
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