Collecting Child Support from a Non-Paying Parent
If you have a child support order in Florida and are not receiving the payments as mandated under the order, you may be wondering what you can do about this issue.
At the outset, it is important that you consult a family law attorney who is experienced in child support issues. In Florida, Gary Williams, is happy to advise you on your options, and give you a realistic outcome for your individual case.
Collecting Child Support
In order to collect child support that is owed to you, we have several options. The first is to make a motion for civil contempt.
Civil contempt is a term for when a person violates a court order. By filing this motion, the family court is made aware that there is a child support order in place that is not being honored by the non-custodial parent.
Although you very well may file a motion for civil contempt on your own – or pro se – it is much easier, and wiser, to file it with the help of an experienced lawyer. In doing so, you can ensure that nothing is missing for your motion. Essentially, you will have peace of mind that all the i’s are dotted and t’s are crossed.
How a Motion for Civil Contempt Works
To file a motion for civil contempt there are several forms to be completed, and as your attorney, we can assist you with this. We can also advise you on what supporting documentation to include with the motion to help to prove your case against the non-custodial, non-paying parent.
To prove contempt of the child support order that is in place, the following must be proven by the custodial parent:
- That there is a valid child support order
- That the order is approved and signed by a judge
- That the other parent has the ability to pay the child support
The courts assume that the non-custodial, non-paying parent actually has the ability to pay. It is up to this parent to show the court that he or she is unable to pay the child support as ordered in the child support order. Additionally, you will have a chance to rebut the non-custodial parent’s claim of being unable claim.
Arrange an Initial Consultation
Child custody and support disputes are stressful, especially when the other parent is being difficult and making life harder than it has to be for you and your children. Gary Williams has years of experience handling child support cases, and he knows that no two cases are the same.
We work diligently and with dedication to ensure that your case is handled with care and that your child support issues are resolved.
For an initial consultation, we welcome your call to our office at 727-531-8737.