Legal Question in Family Law in Florida
contempt of temp. child support
My brother has recently attended court for a temporary child support contempt of court order by his soon-to-be ex-wife. He never received anything in the mail and was never contacted of a temporary support hearing that happened a month ago or that it was ordered. The judge ordered him to pay the purge amount of $1200 in 5 days to his wife's attorney or serve 179 days in jail. He is only 2 months behind. He testified at the hearing and has proof that he had been unemployed and unable to find employment within the past 2 months. My question is... tomorrow is the day he goes to a hearing to either pay the purge or go to jail.. can he request to have a purge hearing and make payments with and extra % because of the being behind those 2 months? He doesn't have an attorney to represent him, and he was not notified if he could have a public defender represent him. Does he have to serve the full sentence of 6 months just for 2 months of unpaid child support?
1 Answer from Attorneys
Re: contempt of temp. child support
First, the Petitioner has to show service of process - that he had notice of the child support order. However, judges aren't always fair, and may very well put him in jail, despite his lack of notice. As far as employment goes, Judges will order child support for those who are not working. He should bring his documents to court, and bring whatever money he has, as well as suggest a payment plan to the Court.
He is not entitled to a public defender.
Good luck!
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