Legal Question in Family Law in Florida

child support case

I missed a court date by accident in my child support case. I was found to be in contempt of court for not showing up. Is there a way to inform the judge it was an accident and avoid the judge putting a writ of attachment out for me. I dont know what to do and this is the first time I have ever missed a court date on this matter. Help me please....


Asked on 9/09/07, 1:40 pm

3 Answers from Attorneys

Thomas Rosenblum Rosenblum Law Offices

Re: child support case

Hello: I just read your question and the two responses. Since I practice in North Fla. and have handled this type of case for years, I thought it might help to have another resonse. The other attys. are correct, you should file a Motion with the court. So long as you do that and appear at a later hearing, the court most likely, will NOT order any punishment. No one mentions the actual child support issue. Were you behind prior to the hearing or was that a hearing to establish or modify support? If you are behind, it ALWAYS looks good to the court if you have made a payment to the depository or to her if that was ordered. If you are behind and can bring it current, the court will love it. If you have to borrow $ or even sell something to get $, do it.

'Hope this helps. If my office can be of any assistance in North Fla. in this or other matters in the future, just give my office a call. Tom Rosenblum, Jacksonville.

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Answered on 9/11/07, 10:24 am
Robert Roemer Robert Roemer

Re: child support case

It sounds like you need to file a motion to set aside the contempt this order quickly.I would advise you to retain a lawyer now if you not currently being represented.If you need

my assistance as I practice in this area in palm beach county send me an e-mail with a phone number to reach you.

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Answered on 9/09/07, 7:43 pm
Scott R. Jay Law Offices of Scott R. Jay

Re: child support case

NOTE: This communication is not intended as and should not be interpreted as legal advice. Rather, it is intended solely as a general discussion of legal principles. You should not rely on or take action based on this communication without first presenting ALL relevant details to a competent attorney in your jurisdiction and then receiving the attorney's individualized advice for you. By reading the "Response" to your question or comment, you agree that the opinion expressed is not intended to, nor does it, create any attorney-client relationship, nor does it constitute legal advice to any person reviewing such information, nor will it be considered an attorney-client privileged communication. If you do not agree, then stop right here, and do not read any further.

Since the Order of Contempt was entered, you should file a Motion for Rehearing or alternatively, a Motion to Set Aside the Order of Contempt. The Motion should set forth the reasons why you missed the hearing and give a basis why the error was reasonable.

If you do not have an attorney, now would be a good time to consider hiring one. An attorney will know how to argue the motion and would be able to show the court your seriousness based on the hiring of counsel.

Scott R. Jay, Esq.

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Answered on 9/09/07, 11:28 pm


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