Florida is a state with honest concern for the welfare of its kids. In actual fact, the phrases “In the perfect curiosity of the kid” are the main focus level within the Florida Statutes relating to minor kids, particularly in the case of dissolution of marriage (divorce) involving minor kids and little one assist whether or not the mother and father had been ever married to one another or not. As soon as a court docket has ordered little one assist to be paid (by both the daddy or the mom) there isn’t any solution to fail to comply with this order with out consequence for the father or mother in arrears. Ought to the paying celebration grow to be in arrears, there are particular authorized steps that may be taken and if the offending celebration doesn’t comply there will probably be critical penalties.
When this isn’t doable, normally for monetary causes, the Florida Division of Income, Little one Assist Enforcement will deal with the case, do the authorized case work, and go to court docket earlier than the choose. Sadly, there are drawbacks to this strategy as at anybody time there are normally over 1,000 individuals needing this help, so it can take many months earlier than a case utilizing this technique will probably be heard. Moreover, the celebration needing assist will be unable to speak with the legal professional who will signify her or him till the day of the court docket listening to, which will not permit a lot time to share private info useful to the case.
A movement for contempt of court docket is filed to current the quantity owed. As soon as the case for arrearages in little one assist is earlier than the choose, she or he will probably be ordered to pay the quantity owed and normally court docket prices as nicely. If this isn’t performed within the time ordered by the choose, there are a number of methods the court docket will deal with the delinquent father or mother till the monies owed are paid again, a minimum of partly.
1. Intercepting Federal Revenue Tax refund as a result of offending father or mother and giving it to the opposite father or mother to assist scale back what’s owed.
2. Cancel the passport of the father or mother in arrears till the total quantity is paid again.
3. Garnishing the non-paying father or mother’s financial institution accounts till the cash owed is paid again.
4. Suspending a driver’s license, license plate, and their automobile registration of the father or mother in arrears till a minimum of a part of the quantity owed is paid again.
5. In critical instances, normally the place the offending father or mother doesn’t even attempt to pay again what’s owed, that father or mother will probably be put in jail for as much as 179 days, or till a considerable a part of the cash due is paid again.
If you’re contemplating making an attempt to keep away from paying half or all court docket little one assist ordered within the state of Florida, do not! When you discover, for good purpose, your little one assist funds are an excessive amount of so that you can deal with, as a substitute of not paying, return to court docket for a post-judgment modification. Right here is the place a choose will pay attention fastidiously to your considerations and work with you to finest adjudicate the best little one assist in your particular person scenario.