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My ex-husband violated his probation for driving on a suspended license due to non-payment of child support. What happens now?

Tampa, FL |

His attorney entered a written plea of not guilty. If he would just pay the court ordered support, DOR wouldn't have suspended his license. What happens now? Will the judge send him back to jail on the VOP? Will he now, finally, have to start paying the court ordered child support? Is there anything I can do to be sure its in his new terms of probation that he has to pay? Should I contact his attorney myself? What is proper procedure? I just want the support that was ordered to my children. He is capable of paying. He lives in half million dollar home and owns a business.

I should add, the support order is in Hillsborough County but the VOP is in Charlotte County. He owes me $149,000 in child support.

Attorney Answers 7

  1. Best answer

    I know many attorneys believe that payment of child support is not or cannot become a condition of probation, but I must warn everyone to be aware that the standard conditions of probation under Section 948.03(g) of Florida Statutes includes that the probationer shall " Support his or her legal dependents to the best of his or her ability." And I must advise everyone -- probationers and attorneys advising probationers -- to be careful because this statutory standard condition of probation has been used to violate a probationer when the ability to pay child support was brought to the attention of a probation officer.

  2. The new charge will subject him to jail/prison depending on the original charge and other facts. You can contact his lawyer to give your 2cents, but it may make no difference is he is going to jail and not back on probation.

    John S. Riordan, Esq., RIORDAN & HERMAN, PL., West Palm Beach, FL, (561) 650-8291. Mr. Riordan is a former Palm Beach County Prosecutor and an experienced criminal defense lawyer handling cases in both State and Federal Courts throughout Florida. The answer provided is for educational purposes only. It does not constitute legal advice or create an attorney-client relationship. You should consult an attorney for legal advice regarding the facts of your specific case and designed to help you with your personal needs.

  3. Payment of child support will not be a condition of probation or part of any sentence in a criminal case. The two cases are completely separate. If you want a judge to enforce your right to child support, you should file a motion for contempt in the county where the child support order was entered.

  4. You should contact an attorney who practices in the area of family law in order to become informed of what your rights are.

    The information presented is for information purposes only based on the information provided. An attorney client relationship is not formed

  5. The suspension of his licenses for non-payment of child support caused his violation of probation and the new charge of DWLSR. It depends on what he is on probation for and how many violations he has had. A new law violation generally can lead to jail or priosn time depending on his record. The court cannot make payment of his child support a condition of his probation. You must seek enforcement of the child support order in a contempt proceeding in the Circuit court where the divorce decree and child support was entered.

  6. VOP is typically a felony so he is in a lot of trouble.

  7. Why on earth would you want to further clog up the criminal courts with a child support issue? You're not doing anything to help yourself. Hire a good family law attorney to pursue your ex for support, fees and costs.

    This is not intended as legal advice.

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