Legal Question in Family Law in Florida

back child support

my husband & i entered into a property /custody settlement agreement in march of 1999. This document & divorce papers were filed with the court in december 1999. this agreement stated an amount of child support to be paid by him each month and he did until january 2000. Before the final hearing was set for the divorce my husband changed his mind in regard to the terms of the agreement..unrelated to child support

amount......my teenage daughter does not like to spend much time with her father for various valid reasons....i encourage her to go see him however she declines and expresses this to him as well as i. Based on this my husband did not pay jan, feb, mar,april payments then started to pay again this past may. he feels he doesnt have to "catch up" payments. There is still no final judgements or court orders...can i get the back support???


Asked on 6/21/00, 2:18 pm

1 Answer from Attorneys
Melody Stickel-Martinez Melody Stickel-Martinez, Esq.

Re: back child support

Why is there not a final judgment? Whether there is a final judgment or not, if he is not current with his support payments, you have the right to request the payment of these arrearages. File a motion for the child support arrearages or wait until the final hearing and be sure the arrearage amount is included in the final judgment. Be sure payments pass through Support Enforcement. If he fails to pay he can be found in contempt. You are doing the right thing in encouraging your daughter to visit, because, if you encourage her to not visit, then you can be found in contempt. If she doesn't visit him does not mean he does not pay child support.

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Answered on 8/31/00, 5:16 pm


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