CSE and Contemp?

[Gemini]

CSE and Contempt?

What is the name of your state? FL

Our child support case is handled by Dept. of Revenue Child Support Enforcement. CSE is already taking steps to enforce CS payments and has finally suspended his license. I need to know if I can file contempt/enforcement for failure to pay child support through the courts or if CSE is supposed to handle this particular issue.

Other issues for contempt are:

1. NCP is court ordered to provide his employer with the income deduction order upon employment. He frequently changes jobs then fails to provide his new employer with the income deduction order.

2. We were court ordered to attend mediation when he decided that he wanted primary custody. I payed the ordered $160 to attend, but he never showed or paid the necessary fee. There was a "NO MEDIATION HELD DUE TO NON ATTENDANCE OF #####" filed in the docket.

If the failure to pay support as ordered can be included in contempt charges, how do I go about getting each charge considered seperately?

Also, does CSE handle the issue of arrears or will I have to file a motion through the court to have him start paying the back support?

 

[Gracie3787]

What is the name of your state? FL

Our child support case is handled by Dept. of Revenue Child Support Enforcement. CSE is already taking steps to enforce CS payments and has finally suspended his license. I need to know if I can file contempt/enforcement for failure to pay child support through the courts or if CSE is supposed to handle this particular issue.

Other issues for contempt are:

1. NCP is court ordered to provide his employer with the income deduction order upon employment. He frequently changes jobs then fails to provide his new employer with the income deduction order.

2. We were court ordered to attend mediation when he decided that he wanted primary custody. I payed the ordered $160 to attend, but he never showed or paid the necessary fee. There was a "NO MEDIATION HELD DUE TO NON ATTENDANCE OF #####" filed in the docket.

If the failure to pay support as ordered can be included in contempt charges, how do I go about getting each charge considered seperately?

Also, does CSE handle the issue of arrears or will I have to file a motion through the court to have him start paying the back support?

1. Does the court order SPECIFICALLY state that NCP is ORDERED to SERVE HIS OWN EMPLOYER WITH A COPY OF THE IDO?
I ask because it would be very unusaul for the court to order that. The statutes state that a NCP is only required to inform the CSE of all employer's names and addresses, and that it is the CSE's responsibility to serve the employer.
Unless the court order states that the NCP must serve employer, a NCP cannot be charged with contempt for not serving thier own employer with an IDO.
HOWEVER, a NCP can be held in contempt for any missed payments, and for not informing CSE of a new employer's name/address.

2. It might be possible to include the mediation in the contempt as long as it was specifically court ordered. But, in all honesty, courts usually don't care about issues like this because non payment of CS is far more serious. But, it's worth a try anyway.

Since CSE has already suspended his DL, thier next step will be to file a contempt motion if his non payment continues. If you want these other possible issues added to the motion, you'll need to talk to your caseworker about it. Usually the motion will also ask the court to order payment of arrears, but be sure to mention that to your caseworker just to make sure that gets added.

 

[Gemini]

Thanks

Thank you for the advice. I will have to get my original order out and see how it is worded again. I really appreciate your response. Thanks again.