I just received a letter for contempt of child support and need to know what I need to do.

Asked about 2 years ago - Osteen, FL

I am ordered by court to pay 400 a month and I have been paying 100 a month. I am a contractor so my pay is not garnished. I have been going through the process of divorcing the children's mother. At this point I have turned in all forms and Im waiting for a court date to be set. The oldest child is now 18 and not in school and the youngest has been living wuith me since 2010. The mother is cooperative and is willing to notorize a letter and do anything to help stop the contempt charge that is being pursued by the Florida Department of Revenue. I should not be paying any child support and the mother should be paying for the child that is living with me. All of this was to be addressed in the divorce and in fact when I opened letter I thought it was the court date. Need advice please!

Attorney answers (3)

  1. Robert Jason De Groot

    Pro

    Contributor Level 20

    2

    Lawyers agree

    Answered . You need to hire an attorney. I can help. Call for a free consultation. DOR has so many cases like yours it is ridiculous. You should file a motion to abate child support because the child is living with you.

    R. Jason de Groot, Esq., 386-337-8239
  2. Mark Scott Rubin

    Contributor Level 10

    Answered . A notarized letter from the mother may help with DOR and a child support hearing officer. but as stated, you need to file a Petition for Modification asking that your child support be terminated for the emanciapted child and suspended for the child in your custody, hopefully back to the date you received physical custody of the child. And assumably ongoing support for the child you have. Not sure what "forms" you turned in, and I cannot see the DOR seeking contempt at the hearing if you have the only child (unless you owe arrears as it appears you were ordered to pay $400 er month so at some point mom had the kids but when did this order start?) and mother is cooperating, but it would be so much simpler to fix if you had an attorney. Also, you can go into the DOR's physical location and request a meeting with them to go over these things, although Court files and orders wor on paper and pleadings and these need to be filed correctly.

    Family law rules differ significantly in every state, especially procedural rules. Always seek the advice of an... more
  3. Joanna Marie Mitchell

    Pro

    Contributor Level 15

    Answered . You need to hire an attorney in order to make sure everything is properly presented to the Judge. Otherwise, what seems like should be simple decision for the judge, could easily be decided incorrectly.

    Should you wish to discuss this matter further, my office offers free initial telephone consultations. During the consultation, we can discuss the particulars of your situation in depth, as well as explore your potential rights and options. If you would like to coordinate a free initial telephone consultation, please contact my office at 407-971-6140 or 352-324-2444 to schedule same.

    Please note that THESE COMMENTS ARE NOT INTENDED AS LEGAL ADVICE and are for informational purposes only. This response is not intended to create any attorney-client relationship and is only based on the limited facts given. The response might change should additional facts be learned and should not be relied on as legal advice. It is recommended that you consult with an attorney who can properly assess the situation, as well as all pertinent facts, prior to taking any action based on the foregoing statements.

    Joanna Mitchell
    Mitchell & Associates, P.A.
    614 E. Hwy 50, Suite 327
    Clermont, FL 34711-3164
    PH: (352) 324-2444
    FX: (352) 324-2229
    Email: jmitchell@mitchell-pa.com
    Web: www.mitchell-pa.com

    Please note that THESE COMMENTS ARE NOT INTENDED AS LEGAL ADVICE and are for informational purposes only. This... more

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