Contempt of Court - Purge conditions

[DisgruntledMom]

What is the name of your state? Florida

We are going to court because the father has refused to make payments, this is not the first time. He has a job, they don't withhold money, and he doesn't pay. Every time, the judge orders a purge amount of $1000 that day and $1000 within 30-days.. Is there a way that I can request to increase this purge amount and/or terms of the purge? Every time he only has to pay purge and then never makes ANY child support payments. It takes roughly 2-years each time to get him back in court. Can I ask the judge to extend this to say $4000 due over 6-months or he will be in contempt? This is a ridiculous cycle and it is very irritating. He owes now over $125,000 in child support and that includes interest. How is it that he continues to get a way with this and the courts do NOTHING? How can I change this?

 

[Just Blue]

What is the name of your state? Florida

We are going to court because the father has refused to make payments, this is not the first time. He has a job, they don't withhold money, and he doesn't pay. Every time, the judge orders a purge amount of $1000 that day and $1000 within 30-days.. Is there a way that I can request to increase this purge amount and/or terms of the purge? Every time he only has to pay purge and then never makes ANY child support payments. It takes roughly 2-years each time to get him back in court. Can I ask the judge to extend this to say $4000 due over 6-months or he will be in contempt? This is a ridiculous cycle and it is very irritating. He owes now over $125,000 in child support and that includes interest. How is it that he continues to get a way with this and the courts do NOTHING? How can I change this?

Could you please clarify what you mean by : "He has a job, they don't withhold money"? Are you saying that the employer refuses to adhere to the wage garnishment order? What type of job is this?

 

[DisgruntledMom]

Could you please clarify what you mean by : "He has a job, they don't withhold money"? Are you saying that the employer refuses to adhere to the wage garnishment order? What type of job is this?

He works in construction and the judge even stated that some companies are unable to withhold money from paychecks? This was news to me when I heard it and I am still baffled by that response as I thought it was mandatory for employers in the state of Florida to garnish wages for child support. He admits in court that he has a job, he gets paid weekly, and still makes no payments towards child support as he doesn't know the case number.

 

[Just Blue]

He works in construction and the judge even stated that some companies are unable to withhold money from paychecks? This was news to me when I heard it and am I still baffled by that response as I thought it was mandatory for employers in the state of Florida to garnish wages for child support. He admits in court that he has a job, he gets paid weekly, and still makes no payments towards child support as he doesn't know the case number.

Perhaps he is an independent contractor for the construction company....

He actually said that he doesn't pay "because I don't know the case number"???!!! What did the Judge say to that?

 

[LdiJ]

He works in construction and the judge even stated that some companies are unable to withhold money from paychecks? This was news to me when I heard it and I am still baffled by that response as I thought it was mandatory for employers in the state of Florida to garnish wages for child support. He admits in court that he has a job, he gets paid weekly, and still makes no payments towards child support as he doesn't know the case number.

I believe your judge might be mistaken about the bolded. It is true that many people who work in the construction field are treated as contractors, and it is true that in Florida, it used to be the case that a contractor's pay could not be garnished. However, if my memory serves me correctly they changed that in FL some year's back so that now a contractor's pay is required to be garnished as well for child support. You might want to get a consult with a local attorney to confirm that. With the high amount he owes you, it wouldn't hurt to talk to one.

 

[DisgruntledMom]

Perhaps he is an independent contractor for the construction company....

He actually said that he doesn't pay "because I don't know the case number"???!!! What did the Judge say to that?

She pretty much said nothing. He also had the boohoo about how he is going through "rough times". Rough times for 13-years?!?

He is not a contractor so I don't see how he would be paid as one. He stated he is an hourly worker at the company and gets a paystub with a check that he goes and cashes.

When they say the terms of the purge, would I be able to request different terms?

I am fearful that if I were to get an attorney, it would just end up costing me in the long run and I wouldn't be able to recoup any of that money.

 

[Just Blue]

She pretty much said nothing. He also had the boohoo about how he is going through "rough times". Rough times for 13-years?!?

He is not a contractor so I don't see how he would be paid as one. He stated he is an hourly worker at the company and gets a paystub with a check that he goes and cashes.

When they say the terms of the purge, would I be able to request different terms?

I am fearful that if I were to get an attorney, it would just end up costing me in the long run and I wouldn't be able to recoup any of that money.

I'm not sure...I'll tag some of the attorney that volunteer here.

@Ohiogal , @Taxing Matters , @Mass_Shyster , @TigerD

Does your ex own a home?

 

[DisgruntledMom]

I'm not sure...I'll tag some of the attorney that volunteer here.

@Ohiogal , @Taxing Matters , @Mass_Shyster , @TigerD

Does your ex own a home?

No, he doesn't own a home.

Thank you so much for reaching out to others!!! That is so nice of you!

 

[Ohiogal]

The construction company should be able to garnish. Ask for a garnishment order and you can always request different purge requirements. You might even contact the prosecutor's office about prosecuting him for criminal non support of dependents.

 

[Just Blue]

No, he doesn't own a home.

Thank you so much for reaching out to others!!! That is so nice of you!

You're welcome Hon....Thanks for the thanks!!

 

[PayrollHRGuy]

If the employer has been properly served with a garnishment order you may be able to go after the employer. This applies in most states. I'm not sure about FL.