Florida child support & court ordered purge payment

[mickapoo]

What is the name of your state (only U.S. law)? FL

My ex-spouse was ordered to pay a purge payment after being found in contempt for non-payment of child support. Is this purge payment credited toward his accrued arrears? And I will receive it (the money)? Or is it more of a fine to excuse him of jail time, and the money goes only to the court?

Is there a standard regarding the above for purge payments, or can it vary from state to state?

Thank you.

 

[Humusluvr]

What is the name of your state (only U.S. law)? FL

My ex-spouse was ordered to pay a purge payment after being found in contempt for non-payment of child support. Is this purge payment credited toward his accrued arrears? And I will receive it (the money)? Or is it more of a fine to excuse him of jail time, and the money goes only to the court?

Is there a standard regarding the above for purge payments, or can it vary from state to state?

Thank you.

https://forum.freeadvice.com/showthread.php?t=378282

http://www.supportcollectors.com/csrc/florida.php

These links may help you get started.

 

[mickapoo]

Thanks for the response. Maybe I'm not looking in the correct places, but I checked out the links you provided below and I'm still not finding the answer.

I live in FL, so I'm not sure if the law is the same here. My spouse pays the purge payment to the clerk of court, but do they send me the money? Or does this money stay within the court system as some sort of fine?

Thank you.

 

[hearts41]

No the court does not keep the money, it will be forwarded to you. Unless of course you were on state assistance of some sort, they will be paid first.

 

[Gracie3787]

What is the name of your state (only U.S. law)? FL

My ex-spouse was ordered to pay a purge payment after being found in contempt for non-payment of child support. Is this purge payment credited toward his accrued arrears? And I will receive it (the money)? Or is it more of a fine to excuse him of jail time, and the money goes only to the court?

Is there a standard regarding the above for purge payments, or can it vary from state to state?

Thank you.

Yes, court ordered purge payments are credited to the accrued arrears.

Yes, you will recieve the money, if none is owed to the state for reimbursement of public assistance.

However, you won't recieve any of it until your ex pays the purge. In some situations, a Judge will order a purge OR jail time. The NCP can actually choose to go to jail and serve the full sentence, if they do that they don't have to pay the purge. Has your ex paid the purge? You can find out through the court clerk's office since the purge payment must be made through thier office.

You can find the Florida statutes regarding contempt and purge payments in chapter 61 at www.flsenate.gov/STATUTES

 

[mickapoo]

Yes, he has already paid the purge.

Thank you. I guess what confused me is after the hearing the court modified the IDO and has my ex's employer taking out the total amount in arrears. Meaning, they did not apply the purge from the total amount to be withheld from his check. So, in essence, I'm getting the amount in arrears (which is taken out by his employer) AND the purge payment. That is what confused me.

 

[Gracie3787]

Yes, he has already paid the purge.

Thank you. I guess what confused me is after the hearing the court modified the IDO and has my ex's employer taking out the total amount in arrears. Meaning, they did not apply the purge from the total amount to be withheld from his check. So, in essence, I'm getting the amount in arrears (which is taken out by his employer) AND the purge payment. That is what confused me.

A purge payment has to be paid in a lump sum, unless the court orders otherwise. Purges are not garnished unless the court specifically orders the garnishment. So, yes, you will recieve both the payments that are garnished and the purge. You can look at the payment print out from the court clerk's office to see that the purge is credited towrd arrears and not to current support due.

 

[mickapoo]

You can look at the payment print out from the court clerk's office to see that the purge is credited towrd arrears and not to current support due.

That's what I was trying to explain above. I have the payment print out, and the purge is not credited toward his accrued arrears. The court modified the IDO, and has the employer taking out 100% of the accrued arrears, without the purge being applied.

 

[LdiJ]

That's what I was trying to explain above. I have the payment print out, and the purge is not credited toward his accrued arrears. The court modified the IDO, and has the employer taking out 100% of the accrued arrears, without the purge being applied.

Has he already paid the purge? If so, how long ago was it paid? It could take some time for the payment to go through the system.

 

[Gracie3787]

That's what I was trying to explain above. I have the payment print out, and the purge is not credited toward his accrued arrears. The court modified the IDO, and has the employer taking out 100% of the accrued arrears, without the purge being applied.

Was it credited to current support?

If so, was it listed as a purge payment?

I'm trying to understand what you are saying-

Are you saying that the purge amount was the full amount of arrears, and that the IDO is also garnishing the full amount of arrears?

Does he owe current support?