Legal Question in Family Law in Florida
Child Support
Child support was being taken from my pay check every two weeks through the state of florida department of revenue. This was due to unemployment and not being able to meet the original support amount. The state was taking out the maximum allowed by law but was still short of the original court ordered amount. My ex-wife notified the state of florida recently and told them she doesnt want them involved in the support enforcement. The state has stopped taking child support from my check and I now have a court date through the clerk of the court. The florida department of revenue told me that the clerk of the court doesn't due enforcement. Can you tell me if they can or will enforce the original order? I haven't been able to afford to go back to court for a modifcation. Is there an advantage for my ex-wife to stop having the state deduct support from my pay and go through the clerk of the court? Can they put me in jail given I was paying as much as leagally allowed based on my current income.
2 Answers from Attorneys
Re: Child Support
You should seek a modification based on your current circumstances.
Re: Child Support
They will enforce the original order. Just because the order is no longer being enforced by income deduction does not mean that you don't owe the money. You are subject to jail and license/passport suspension until the judge reduces your child support, which you need to ask for by motion.
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