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When a child support order is in place, the payor must make on-time payments each month
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Child Support Enforcement
When a child support order is in place, the payor must make on-time payments each month. If the payments are past-due, our child support enforcement attorneys can help you take legal action to collect the past-due payments and get the payor back on track. For instance, we can request a court hearing to hold the payor in contempt of court until he or she meets the support obligation.
We also understand how stressful it can be if you are behind on payments, and we can assist with that as well. If you cannot meet your obligation, a payment plan or modification might be in order.
Whether you are behind on payments or need to collect on past-due support, our child support attorneys are here to help. Reach out to us to schedule a free case evaluation so we can begin the process.
Non-Voluntary Methods of Collecting Child Support
If the payor refuses to meet his or her child support obligations, the court can collect the money non-voluntarily. Some options for this include:
he payor also faces other consequences, such as license suspension.
Some of these methods are only available to a child support prosecutor. Others are available through a private attorney.
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At Cabanas Law Firm, we pride ourselves in treating each client as an individual, carefully planning for their particular needs and delivering effective legal services to serve their specific legal goals.
Your child support enforcement attorney will discuss your legal options, including filing a motion for civil contempt/enforcement. The court will set a hearing date for both parties to attend, and your attorney will arrange to serve the other party with the paperwork.
Your child support enforcement attorney will provide evidence to show that the other party has not complied with the order. The judge will listen to both sides and render a ruling.
If the person has the ability to pay but did not comply with the order, the judge can find the party in contempt of court. Then, the judge can choose a method to encourage compliance, such as jail time and fines. Because compliance is the goal, the hearing will include a purge provision as well, meaning the court will stop legal proceedings if the payor satisfies the debt immediately.
Criminal Contempt Of Court
Civil contempt is used to get the non paying parent to comply with the order. On the other hand, criminal contempt of court is used to punish those who willingly refuse to comply with a child support order. Because it is used as punishment, there is not a purge provision in place. Thus, the non paying parent cannot get out of the sentence that is handed down, even after catching up on past-due child support payments.
Unlike a civil contempt case, evidence such as sworn testimony is used to prove that the payor has the ability to meet the obligation but chooses not to do so. If the judge finds the payor in criminal contempt, he or she can be fined and sentenced to up to 180 days in jail.
In most cases, past-due support can be collected before it gets to this point. Thus, contact a child support enforcement attorney from our firm to discuss all possible options.
Additional Legal Options For Enforcement
The Florida court system has several legal remedies for encouraging people to catch up on past-due child support. For instance, if the payor is more than 15 days behind, the court can order a license suspension. This includes driver’s, recreational, and professional licenses. First, the court will send a notice detailing the possible suspension, and the parent will only have 20 days to contest the notice or comply with the order. Other enforcement actions include lowering the credit rating and passport denial. Schedule a consultation with our child support enforcement attorney to learn more about possible legal actions.
Child Support Modification
Do you want to provide for your child, but you cannot meet the obligation because your circumstances have substantially changed? If so, you might be eligible for a child support modification. The judge will evaluate your case and can decrease the financial obligation if the evidence supports it. Because you have to prove your case to get a modification, it is wise to get assistance from an attorney. Your attorney can also discuss creating a payment plan to help you catch up on past-due payments.
We understand you may be feeling confused, overwhelmed, angry, sad (or all of the above), and that you may be unsure of your next steps. Our firm can help you move forward with confidence.
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