Legal Question in Family Law in Florida
can prorated child support be with held by parent in leu of past due modified child support from the other in the state of florida
i.e. father owes $800 in child support as a result of a court ordered yearly modification that was to take effect by march 1st, but father withheld proof of wages till after late april so modification didnt take effect until june resulting in a delinquent amount.
when father gets child for more than 7 nights he gets a prorated amount based on the 7 overnights or more per court order from judge...so can that prorate be withheld and applied to payment or past due modification.
1 Answer from Attorneys
The parent can not withhold the child support payment. If he does not pay, then it will go against the child support records. This could be considered a contempt of court action, and thus you could compel him to pay.