Legal Question in Family Law in Florida

My childrens father and I have a court date coming up for non-payment of child support (him) in the amount of 29,000 but he owes 56,000 he has since quit his under the table job and is stating that he is not employed. I myself was injured in 2009 and am still in treatment and have been unable to work , my husband takes care of the children and myself financially. How will that affect my hearing coming up? Will his child support go down even if when it was established it was for him not being employed. He only has to pay 110.00 a week for 3 children but now it is only 2 children the oldest is now off of it due to age.


Asked on 7/19/12, 3:35 am

1 Answer from Attorneys
R. Jason de Groot R. Jason de Groot, P.A.

His child support cannot go down unless he submits a petition for modification and it gets granted. This is not within a motion for contemp hearing. At the hearing you will need to testify as to how much the arrearage is, then the burden shifts to him to prove a legal excuse for not paying what was ordered. Your husband paying for everything will not affect the hearing. Fortunately, you can survive without payments from the ex, but that does not negate the requirement that he pay child support. Past due child suport is the vested right of the child in Florida. Good Luck.

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Answered on 7/30/12, 11:00 am


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