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

Asked almost 3 years ago - 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?

Additional information

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)

  1. Anthony Rubino

    Contributor Level 14


    Lawyers agree

    Answered . 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... more
  2. Benjamin Fernandez IV

    Contributor Level 10


    Lawyer agrees

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

    Benjamin Fernandez, Esq.

  3. Brent Allan Rose

    Contributor Level 20


    Lawyer agrees

    Answered . 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),... more

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