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Do I have a right to ask for back pay for child support?

Charlotte, NC |

I have a cs order in effect from 2004 from Palm Beach County. CS payments are stopped during my ex husbands visitation with kids June 1- Aug.18. This past summer the oldest child took a class that extended through June so my ex-husband got the kids the end of June,he agreed. His job paid me support through June and one payment in July. As long as the kids are with me, I am due support, this was agreed by both parents. His job has decided to hold all payments since Aug 18 because they paid in June and July. I called the court family division who said he is behind, he owes the payments Aug until present. I have not received a dime. Can I file to make him pay aug till present and against his job who did not follow order in June or August? I think they should pay me as ordered from Aug.

Attorney Answers 4

  1. Best answer

    If your ex-husband has not paid child support in the amount each month per a court order, then you likely have grounds to file for contempt/show cause. Ultimately, it is his responsibility, not his employers, to make sure that you receive the child support. If your case is handled through child support enforcement, contact your caseworker. If your case is not and you do not have the funds to hire your own attorney, you can seek to have your case transferred to child support enforcement. In filing your motion for contempt/show cause, make sure to ask for attorney's fees. Best of luck.

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  2. You can certainly file a motion for contempt for failure to pay if he hasn't paid since August or if there are any other periods in which he did not pay. Of course you would have to prove your case.

  3. I agree with the prior postings. The way to enforce an order is through contempt. One issue that was not addressed is where the order should be enforced. If your ex-husband is still in Florida, then you should pursue enforcing it there. If he has moved to another state, you may need to register the order in that state. Typically, issues of child support will need to be enforced in the state where the payor is. You may be able to use the local child support enforcement agency to pursue this through an interstate enforcement action. This can be a drawn out process, but the advantage is that it is free. If you would like faster results consult a Florida attorney. There may also be particular methods of enforcement in Florida that can assist you as well.

    I am not intending this to be legal advice, because I don't know the particulars of your situation. Call me if you would like to set up an initial consultation to discuss this further.

  4. I agree with the prior posts. If you have Child Support Enforcement in place, they should be automatically filing a show cause. I don't know the FLA laws, but in NC, no one gets child support suspended for a summer visit. That visit is calculated into child support at the time child support is entered. You should also review whether it is time to modify child support if you think that your child support will increase, since your order is from 2004. Speak to an attorney so that you can get specific legal advice. Good luck.

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