I have temporary custody of my child since 2011 by a court order and in 2012 my ex-spouse was ordered to pay me child support by the courts. The Judge told us both to document payment arrangements until the final hearing. Since then my ex-spouse only made two payments! The Court order says that this should be documented until the final hearing. Do I have to wait until the final hearing or can I go to child support enforcement for temporary child support? I have a lawyer at this time handling my case but she told me to leave it alone since I already got what i wanted... my child. Another year has past and still nothing. I called my attorney many times but she never returns my calls and I feel out of options here what can I do next?
Family Law Attorney
You need to talk to your attorney about this. If you have an attorney, CSE will not help you, and even if you don't they are molasses slow to help people who are not receiving public benefits. There are a number of methods for enforcing child support, but if you don't need it, then waiting until the final hearing rather than stirring the pot may be the best option. Once you have your final order, if she is not paying properly, and you have it set up through the courts, she can have her license revoked if she doesn't pay.
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I agreew with my colleague. It sounds like you have differences with your attorney. You should probably call the office and ask for an appointment to meet with her in person. If you continue to have differences you are always free to retain new counsel.
You have to file motions for contempt and keep on the ex and send the ex to jail if he/she does not pay. You can use FL. Dept. of Revenue or private counsel. Contact my office for free consultation. 727-446-7659.
If there is a temporary order in place, you can file a Motion for Contempt to make her comply with the Order. The reality is you probably will have to wait until the final hearing to have the Motion heard. Nevertheless, your attorney should file the moton so that the Court is aware of it and it is addressed. If you are having differences with your attorney, you are free to retain other counsel and let that attorney go. If you decide to do that and would like a free consultation, please call me at 813-681-8383 and I will be happy to talk to you.
B. Elaine Jones, Esq.