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Can I file a contempt if child support is not paid?

Cape Coral, FL |

Judgement went into effect on December 15th 2012 and the first payment should have been made by the respondent. It is now February 1st and no payments have been made verified by calling Tallahassee where all payments must be made through.

Attorney Answers 4

  1. Yes, if the required payment has not been made by the date required a contempt action can and should be filed.


    Daniel Bachert, Esq.
    The Bachert Law Firm, P.A.
    330 Clematis Street, Suite 222
    West Palm Beach, Florida 33401
    (561) 653-3951

    Please be aware and advised that this public forum is designed to provide only general information, to give you a basis of legal knowledge. This public forum does not give you attorney-client privilege. You and I have not entered into an attorney-client relationship. I am not responsible for your legal rights and this answer is based solely on the information you have provided in your question and as always, I would advise that you arrange for an in person consultation with an attorney from my firm or another Family Law attorney familiar with Florida Family Law who can analyze the specific facts and circumstances of your case more closely to better advise you.

  2. Sure, you can file a motion for contempt (and maybe you should). You can find the form online at

    The contents of this answer should be considered friendly advice, not legal advice (I'm a pretty friendly guy), and the answer should not be construed to constitute an attorney-client relationship. If you'd like actual legal advice, call me for a free consultation at 813-635-0222. Also, if you liked this answer as much as my big ego thinks you did, be sure to click the thumbs-up button!

  3. You can file a Motion for Contempt if you have not received child support payments. Depending on the terms of the agreement are, you may be able to request the non paying party to pay your attorney fees due to the contempt.

  4. If paid through Income Deduction Order, on occasion it can take this long to receive your payment. He is, however, accruing an arrearage. Also, you need to see the Judge for Contempt powers to be applied.

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