Legal Question in Family Law in Florida

put in jail for failure to pay child support . but not fingerprinted . charged with contempt of court even though was not willfully in contempt.do not have the ability to pay I am not refusing to pay. what should i do? Asking for a friend


Asked on 7/05/12, 11:46 am

2 Answers from Attorneys

R. Jason de Groot R. Jason de Groot, P.A.

It was found to be willful, although you may disagree. You could appeal within 30 days. You could have someone pay the purge amount. You could spend thousands of dollars on hiring an attorney to file a supplemental petition for modification. You can try to get the child support modified by yourself. You will probably keep going to jail each time a contempt hearing is held. You could pay the child support that you are ordered to pay if you have the money. You could keep an accurate and complete record of all the money you earn and then pay toward child support, so that you have some evidence of the inability to pay.

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Answered on 7/05/12, 12:12 pm
Lucreita Becude Lucreita D. Becude, P.A.

My colleague Mr. Groot is right on the point. You need to pay the purge amount and get out of jail. Once out of jail, I suggest you file a Modification of Child Support to show that you are not making the amount you once did or have the ability to make the amount you once did. With the way the economy is going, this should not be hard to show. You will need to file a new up to date financial declaration with proof of each expenditure to show where the money is and going that you do make currently.

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Answered on 7/05/12, 12:44 pm


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