Support Enforcement

[LyndaRose]

What is the name of your state? Florida

Thank you for having this site. I am hoping you can help me. My ex-husband has not paid me regular Child Support and Alimony since the start of our divorce in 2003. I took him to court in 2005 , and to this day, still is able to purge himself just prior to the court date. We have a court date this Thursday, for the 4th Motion for Contempt and Enforcement. I have not receieved checks from him in 9 weeks and have a 16 year old daughter to raise. Now, my attorney called me and said if I dont pay him $XXX.00 he will withdraw from my case.

I dont understand how my ex gets away with this, and now I am a mess because I wont have a lawyer. There is a hearing this week as well for him to be removed form the case, not sure if the judge will allow him to. Someone told me to set fees but that would probably cause bad feelings.

Is there anything I can do to 1)make sure this contempt issue is fixed forever 2)Stop my attorney from penalizing me because I am not getting payments from my ex.

Your time is very much appreciated

Thanks
Lyn

 

[Gracie3787]

What is the name of your state? Florida

Thank you for having this site. I am hoping you can help me. My ex-husband has not paid me regular Child Support and Alimony since the start of our divorce in 2003. I took him to court in 2005 , and to this day, still is able to purge himself just prior to the court date. We have a court date this Thursday, for the 4th Motion for Contempt and Enforcement. I have not receieved checks from him in 9 weeks and have a 16 year old daughter to raise. Now, my attorney called me and said if I dont pay him $XXX.00 he will withdraw from my case.

I dont understand how my ex gets away with this, and now I am a mess because I wont have a lawyer. There is a hearing this week as well for him to be removed form the case, not sure if the judge will allow him to. Someone told me to set fees but that would probably cause bad feelings.

Is there anything I can do to 1)make sure this contempt issue is fixed forever 2)Stop my attorney from penalizing me because I am not getting payments from my ex.

Your time is very much appreciated

Thanks
Lyn

Unfortunately, the contempt issue will never really be solved forever until your ex pays in full. When a NCP is really determined to not pay, your only hope of recieving payments is contempt motions and IRS refund intercepts. (the CSE can set up refund intercepts and other enforcement measures, like DL suspension, etc)

You do not have to have an attorney to be able to have your court order inforced. You can contact the DOR CSE for assistance. Or you can file the contempt motions pro-se. If you want to go pro-se here are some links that will be helpful:

Family law forms and other court info: www.flcourts.org

Florida statutes- chapter 61: www.flsenate.gov/STATUTES

Florida Rules of Civil Procedure: http://phonl.com/fl_law/rules/frcp

 

[LyndaRose]

Thsnk you Gracie3787, I have just contacted and filled out all paper work this past week with child support. Thank you for the links, I will be reading them soon. Lynda