Legal Question in Family Law in Florida
I am going to have to file a motion of contempt against the ex.Behind several thousand dollars.Can I have the money taken out of his retirement like the courts did when he was working, a thing called an Income deduction order? He stopped paying in April 2011 on his own,no court order. I heard he said he is giving me 1/2 of his retirement and he isn't going to pay me anymore alimony.I have 27+yrs in and was awarded permanent periodic alimony,plus my part of the retirement via a QDRO,plus earning a few hundred bucks per month..This was all in the final judgement.Will the courts imput an income to him if he can return to work in a month or 2 after he is out of the FRS system,he can get back in and start another FRS if he returns to another law enforcement job.He also ministers a church and has a notary and performs weddings and funerals,He will be 56 in Dec....Do I have any HOPE??????
1 Answer from Attorneys
Assuming the judge finds your ex has willfully violated the prior Order(s) of the Court, he will likely be found in contempt, but would be given the opportunity to cure the finding, if he promptly pays what he owes you. If presented properly, he might be subject to jail time.
For this type of matter, assuming the Court finds in your favor, the judge will usually Order reimbursement of attorney fees and costs.
If you opt to proceed without the assistance of counsel, be aware that you will not be entitled to a �do over� if things go badly.
The above information is provided without any consideration/payment having been received, and without full knowledge of all of the facts.
An internet inquiry is no substitution for an in-office consultation with an attorney.
If your situation falls within the Greater Tampa Bay area (Hillsborough, Pinellas or Pasco Counties) , I would be happy to schedule you for a no obligation half hour office consultation.
Feel free to Google me.
Sincerely, Elliot Goldstein
Law Offices of Elliot Jay Goldstein, P.A.
1587 Main St., Ste. C
Dunedin, FL 34698
Tele. No.: 727/455-6596
Law Offices of Elliot Jay Goldstein, P.A.
550 N. Reo St. Ste. 300
Tampa, FL 33609
Tele. No.: 813/810-1500