Legal Question in Family Law in Florida
child support + child custody
i have child support owed to me and the father has recently been arrested for domestic violence against me, will he be able to leave jail with back owed child support and will a injunction grant me sole custody if injuction granted? and while incarcerated in the state of florida does he still have to pay child support
2 Answers from Attorneys
Re: child support + child custody
The child support arrearage will not prevent him from leaving jail. You would need to obtain a contempt order which provided for his incarceration and a purge amount. Keep in mind that while he is incarcerated he will not be generating income.
An injunction will not grant you sole custody.
Lastly, his child support obligation will continue under the current order while he is in jail unless he obtains a court order abating it.
Re: child support + child custody
He always has the obligation to pay whether he is in or out of jail. It's his ability to pay when he's incarcerated that causes the problem. I do not think an injunction against domestic violence determines custody but, of course, if he is in jail, custody would not go to him.
If you did not have custody before now is the time to move for it.
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