Legal Question in Family Law in Florida

contempt of non payment

My husband has to go back to court for a child support order. We went in Jan and they said that support is going to be payroll deduction. They just now last week started deducting it. THen last week we get papers to go back to court. for comtempt of non payment. we tried to make payement and was told they couldn't be accepted because it is not in the computer.we are afraid he will be put in jail for this and we feel since nobody would accept payment and we tried it is not our fault. we were also advised not to send any payments to the plaintiff. thank your for your time. how can we get visitation since the mother doesn't want us to have it. we can't afford a lawyer and have been accepted or (qualified )for assistance and then they don't accept the case. we tried several years ago to start payments and they said we had to wait for her to file for it. we did that and now it is a big mess. thank you very much


Asked on 3/21/02, 11:58 pm

2 Answers from Attorneys
Sanford Martin Martin Law Office

Re: contempt of non payment

It appears the paperwork for the Income Deduction Order was processed a bit slow. Obtain a copy of the paperwork showing the deductions are being made from his payroll check, and file it with the court attached to a Response To the Motion For Contempt, or take it to any hearing on the contempt to resolve the issue. If the payments are being deducted and paid to the Clerk by the employer, the Clerk and the court will receive the information. If he is paying, he will not be ordered to jail so long as he is making an effort to pay the support obligation.

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Answered on 3/22/02, 12:32 pm
Joel Cohen Joel M. Cohen,P.A.

Re: contempt of non payment

The child support obligation exists regardless of the payroll deduction. Waiting for it to be deducted from his check is not an excuse. The child has needs that are continuing and must be met by the parent. You can get forms for enforcement of visitation from the clerk of court.

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Answered on 3/22/02, 6:06 am


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