Legal Question in Family Law in Florida

Re: Owing child support and final decree debt

If you can show inability to pay, the court should not order jail time.

Re: Owing child support and final decree debt

NOTE: This communication is not intended as and should not be interpreted as legal advice. Rather, it is intended solely as a general discussion of legal principles. You should not rely on or take action based on this communication without first presenting ALL relevant details to a competent attorney in your jurisdiction and then receiving the attorney's individualized advice for you. By reading the "Response" to your question or comment, you agree that the opinion expressed is not intended to, nor does it, create any attorney-client relationship, nor does it constitute legal advice to any person reviewing such information, nor will it be considered an attorney-client privileged communication. If you do not agree, then stop right here, and do not read any further.

A court is not supposed to enter an order for child support that is more than what you make. Either you used to make more or the court felt that you were hiding some income. If you can substantiate your income, you need to file a Motion for Modification immediately. By failing to pay court ordered child support you can be held in contempt and possible penalties may include incarceration until you pay an amount set by the court which is termed a "purge" amount. You truly need to consult an attorney to review your rights and obligations.

Scott R. Jay, Esq.

Re: Owing child support and final decree debt

The first thing to do is petition for modification (if your figures are correct and there are no other relevant factor). As for jail, if you are held in contempt, there is a chance that the judge will order jail time until you purge what you owe. But, if you can show that you do not have the ability to pay, he or she will probably order payments based on your income.