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How can I get the Court to issue a warrant for failure to pay child support?

Jupiter, FL |

My daughters father has only made 3 child support payments in my child's entire life and 1 was only because the IRS sent me his $500 tax refund check back in 2008. He currently owes over $12,000, NJ stopped trying to enforce the case because his mother wrote them a letter claiming he was unable to work due to a disability (bi-polar disorder) and that since he does not take his medication and cant (just does not want to) work that she has to support him and he is unable to support his child and should not be required to. So I transferred the case here to Florida and in 2 yrs that I have done that nothing has been done. He has held jobs, he has been arrested for various other things but since child support does nothing he does not take them serious. What can I file to have a warrant issued?

If you are wondering why I want a warrant, that is because he does not take his support obligation serious because child support does nothing to him. When I lie to him and tell him that there is a warrant issued for him, he rushes out to get a job, lets me know when he is working so that child support can garnish his check because he refuses to pay voluntarily, I advise child support that he is working they still do nothing and once he realizes that there is no warrant he just quits his job. I have been waiting for child support to enforce this since 2008! I need HELP PLEASE, is there any Motion I can file asking the Judge to issue a warrant?

Attorney Answers 3

Posted

Please contact us at your earliest convenience to further discuss this matter.

Benjamin Fernandez, Esq.
305-448-1033

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Posted

I changed your practice area form Criminal Law to Child Support. I think you will get more relevant responses under that practice area.

Best of luck.

The above is not intended as legal advice. The response does not constitute the creation of an attorney client relationship as this forum does not provide for a confidential communication.

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Posted

I take it that he lives in New Jersey, and that you have used the State of New Jersey to attempt to collect support in the past. Now that you live in Florida, you've contacted the Child Support Enforcement Division of the Florida Department of Revenue. If your daughter's father still lives in New Jersey, the State of Florida will just send your case to the State of New Jersey.

Under Florida law, social security checks can't normally be garnished, but social security can be garnished for child support. New Jersey law may be different. You should probably contact a New Jersey lawyer. You'll probably have better results using a private lawyer than using the state. Plus, you can learn if his social security can be garnished there.

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!

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3 comments

Asker

Posted

Oh sorry, No I use to live in NJ and he lived in Florida. I moved to Florida and a yr ago he moved to Puerto Rico. And his mother claims he is disabled because he is bi-polar but he does not receive any type of social security benefits. He refuses to even apply because he thinks if he applies my daughter would be entitled to something.

Brent Allan Rose

Brent Allan Rose

Posted

Well, same answer, but you'd be hiring a Puerto Rican lawyer. He still owes child support, even though he doesn't work, but I'm not sure how you'd collect it.

Asker

Posted

Thanks, I am going to call and look for an attorney down there that could help me. I am desperate & the only way to get the assistance I need is to have him arrested already for failure to pay because until then he is going to continue taking this situation as a joke. Thanks again for the information.

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