Legal Question in Family Law in Florida

Civil Writ-Child support in arrears

My husband has been arrested and is being held in jail (Pinellas Co., Clearwater, FL) w/ out bond for an alleged arrears in child support; the writ was issued in 1998. He is adamant that this is a mistake, and he has had many communications with the child support office over the years. Never a mention of arrears. It is Sunday so we cant contact the clerk (in another county-Bay County, Panama City, FL) to verify or dispell the writ, the amt. of arrears or the purge amt. If the purge amt. demanded by this county/jail for release is paid & this is in fact a mistake, how will we recover the money? How is the warrants office here able to determine the accuracy of the writ on Sunday? R they compelled to verify this w/ the clerk in a timely manner- or @ all, or is this on us to do? If the clerk says this is a mistake, how do we expedite his release? Are there any other issues/angles that we should be aware of to resolve this issue asap? We have never dealt w/ jail -the court system and we are overwhelmed. Your help will be most appreciated. Tx much.


Asked on 6/17/07, 1:19 pm

1 Answer from Attorneys
Marie-Anne Oatley

Re: Civil Writ-Child support in arrears

If you haven't already done so, follow the local court's instructions in order to get your husband out. Your husband should have been given a copy of the contempt order that put him in jail in the first place. The purge amount should be included. It will be harder to get the money later if it was not really owed than it would be to contest now. But, he should have received notice of a contempt hearing. If he got notice and didn't show up, the contempt motion was probably granted by default. He now must request to set that aside and get a full hearing on the merit. If it was a mistake, it will come out then.

Read more
Answered on 6/18/07, 11:15 am


Related Questions & Answers

More Family Law, Divorce, Child Custody and Adoption questions and answers in Florida