Legal Question in Family Law in Florida
Suing for child support in small claims court
I have a registered divorce decree in Florida with child support stipulations. My es-husband is $1200 past due and I would like take him to small claims court for this amount rather than trying to enforce the decree. Can I do this and is it wise?
1 Answer from Attorneys
Re: Suing for child support in small claims court
No, you can't sue in small claims court for past-due child support. The family law circuit court retains jurisdiction of any post-divorce matters that come up. You must file a Motion for Contempt for his failure to pay child support. Most likely, you can get the Florida Department of Revenue- Office of Child Support Enforcement to represent you for free. If not, a private attorney can easily handle this matter for you.
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