Legal Question in Family Law in Florida
Since our divorce in 2001, we've had an IDO, but my ex never abided by it. Over the years, I would ask the court to suspend his license for non-payment of child support... he would get caught driving.. I would get a large check, and it would start all over again. He has a decent paying career as a network engineer. He just refuses to pay. I filed suspension license back in 2012 again. He was behind over $9000. Soon thereafter, I found out where he worked and got a certified copy from the clerk of the IDO and sent it to his employer. I finally started collecting a check. Soon after that, he was accused of leaving the scene accident. He had to get a lawyer and the lawyer told him that he had to get this support in order and could not walk into court with a suspended license. I, then had to get a lawyer because she tried to ask me for my financials which I knew had nothing to do with anything... To make a long story short... my crummy lawyer didn't want to fight for me. I wanted half down and she claimed no judge would make that happen. SO he paid $1000 and we have a new IDO adding $150 a month to the current child support. This was all signed by a judge in May 2013. He quit his job in July. I have received $600 here, $1000 there... His license is suspended again. He is about $12,000 behind now. Well, he had another job lined up right away. I found out where he worked again. I sent the certified IDO by the clerk to his employer, by certified mail, priority, and it was received on April 2nd. His employer has still not deducted anything nor have they sent anything to the clerk (aka he no longer works here). I'm not sure what to do... On the new court order, aside from the $1000 he paid me, he was also paying my part of my daughters orthodontist. I told my lawyer that none of this was a good idea! He doesn't pay his bills.... what if he quits his job?! Well she put on the agreement that the judge signed, that if he is more than 5 days late paying the Ortho, I can hold him in contempt of court and he will have to pay all my attorneys fee and court costs. Of course, he is hundreds of dollars behind all the time. My lawyer just wants more money from me and after the crummy job she did for me, I don't want to hire her again. My question is... what can I do now?? So if I hold him in contempt, won't he be responsible for my attorney fees? And what can be done about his employer not abiding by the IDO? Thanks.
2 Answers from Attorneys
Never mind the attorney. Take that IDO to Child Support Enforcement - tell them where he works and have them handle it from there. The new law has something to do with the child support enforcement adding the information to some federal form if he is paid intrastate. You obviously know where he works at so just stay on top of that information. Although he is suppose to give to his new employers - he has escaped real punishment so he plans on playing that game anyway. You can attach his income tax returns - ask the child support enforcement agency about that.
I agree go to Department of Revenue they are slow but it is free and they can do an IRS intecept whereas a private attorney cannot (I know I have tried). Or you can pay private counsel.
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