Unpaid Child Support

[jmarrero]

What is the name of your state (only U.S. law)? Florida: I lived in Florida, but I was granted permission by the court to move to Texas with my daughter. Along with that, child support and a visitation plan were ordered. It's been a year and the father has not paid a dime in support. He flies to Texas to pick up my daughter for visitation, and I fly to Florida to bring her back. The agreement for visitation is that we each pay our own plane tickets and split my daughter's ticket. Since he hasn't been paying support since it's been ordered, I'm now not at all able to spend so much money on plane tickets. This agreement was ordered with the idea that he'd be paying. The Florida Department of Revenue has been "enforcing" the child support, but the only thing that has happened is his license being suspended, which is a piece of cake for him. What can I do or who can I speak with to either get the Department of Revenue to expedite his contempt of court for not paying? Or at least do something about visitation?

 

[mistoffolees]

What is the name of your state (only U.S. law)? Florida: I lived in Florida, but I was granted permission by the court to move to Texas with my daughter. Along with that, child support and a visitation plan were ordered. It's been a year and the father has not paid a dime in support. He flies to Texas to pick up my daughter for visitation, and I fly to Florida to bring her back. The agreement for visitation is that we each pay our own plane tickets and split my daughter's ticket. Since he hasn't been paying support since it's been ordered, I'm now not at all able to spend so much money on plane tickets. This agreement was ordered with the idea that he'd be paying. The Florida Department of Revenue has been "enforcing" the child support, but the only thing that has happened is his license being suspended, which is a piece of cake for him. What can I do or who can I speak with to either get the Department of Revenue to expedite his contempt of court for not paying? Or at least do something about visitation?

You're not going to be able to do anything about visitation. It is well established that failure to pay is not justification for stopping visitation.

You can file for contempt in FL. Or you could talk to someone at the department of revenue to see if they have any other ideas.

Or, since you're now in TX, you could file to have the case moved there.

 

[jmarrero]

You're not going to be able to do anything about visitation. It is well established that failure to pay is not justification for stopping visitation.

You can file for contempt in FL. Or you could talk to someone at the department of revenue to see if they have any other ideas.

Or, since you're now in TX, you could file to have the case moved there.

Is filing for contempt something I can do on my own? Or would I have to retain my lawyer again?

 

[ecmst12]

It's not likely the case would be moved since dad still lives in original juridiction.

And you COULD do it yourself but it would involve going back to Florida, so it might make more sense to hire the lawyer.

Since you created the distance, it makes sense that you are splitting the transportation costs. In fact, you should be glad that you were not ordered to pay for ALL the transportation. If your child is old enough, you could pay for unaccompanied minor service to bring her home, that may be cheaper than 2 plane tickets for yourself, IF dad is willing to bring her to the gate.

 

[mistoffolees]

It's not likely the case would be moved since dad still lives in original juridiction.

Sorry, I wasn't clear. The child support case won't be moved, but OP may be able to open a collection case in TX.

And you COULD do it yourself but it would involve going back to Florida, so it might make more sense to hire the lawyer.

Since you created the distance, it makes sense that you are splitting the transportation costs. In fact, you should be glad that you were not ordered to pay for ALL the transportation. If your child is old enough, you could pay for unaccompanied minor service to bring her home, that may be cheaper than 2 plane tickets for yourself, IF dad is willing to bring her to the gate.

Agreed. How old is the child?

I would suggest an attorney, though.

 

[jmarrero]

Sorry, I wasn't clear. The child support case won't be moved, but OP may be able to open a collection case in TX.



Agreed. How old is the child?

I would suggest an attorney, though.

She will be 5 next month.

 

[LdiJ]

She will be 5 next month.

I can think of one idea that might be possible. It would be out of the norm, but its not outside the realm of possibility.

You could file a request to modify your orders so that dad is responsible for paying all of the costs for visitation, (including your ticket) unless he is current with his child support. You of course would want to file for contempt for the non-payment of child support at the same time.

A judge might find that fair under the circumstances.

 

[jmarrero]

I can think of one idea that might be possible. It would be out of the norm, but its not outside the realm of possibility.

You could file a request to modify your orders so that dad is responsible for paying all of the costs for visitation, (including your ticket) unless he is current with his child support. You of course would want to file for contempt for the non-payment of child support at the same time.

A judge might find that fair under the circumstances.

That's a great idea! Something I'll think about when I make my next move.