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Purge payment in Child Support

Delray Beach, FL |

I am facing a purge. I absolutely do not have the money to pay it, have no one I can borrow it from, and am not earning enough in my job to cover it in the time frame given. I have already filed a Supplemental Petition to Modify Child Support, an Exception to the Report of the Magistrate and will be filing a Motion to Vacate. I have ALL of my evidene such as bank statements, income statements, my employer(s) willing to testify as to my income, etc. to prove I don't have and haven't made enough to pay this amount. I can, however pay partial. Will paying partial help me at the committment hearing or will it not matter?

Attorney Answers 6

Posted

It won't hurt. Whether it will help depends on the magistrate. At least it shows that you aren't willfully just blowing off your obligation.

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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4 comments

Mary Katherine Brown

Mary Katherine Brown

Posted

Again, your local attorney’s are usually the best source of advice, and their answers should be given the highest regard.

Asker

Posted

Again, please, please stop putting in your comments everywhere! I have read them 500 times!

Brent Allan Rose

Brent Allan Rose

Posted

We attorneys gain points and, therefore "levels of expertise" each time we post. By posting these generic comments everywhere, she can quickly raise her contributor level on Avvo.

Asker

Posted

Thanks for your info, Mr. Rose! I'm so sick of them!!! And thank you for your great advice. I have read your posts before.

Posted

It may, it may not. You can absolutely request to the court to come to terms on letting you pay a partial amount and then agreed upon amounts every month but ultimately it will be up to the court to decide.

You should consult an attorney for advice regarding your individual situation since every case is different and not all information is relayed in an online question. The Law Office of Ophelia Bernal-Mora, P.A. is a family & criminal law firm located in Orlando, Florida, we invite you to contact us and welcome your calls at 407-377-6828. Contacting us does not create an attorney-client relationship. Please do not send any confidential information to us until such time as an attorney-client relationship has been established.

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2 comments

Asker

Posted

When do I ask the court this, at the committment hearing (if there is one), or in my Motion to Vacate, or both?

Asker

Posted

I actually won a small amount of money in a lotter scratch off. The Purge and Income Deduction order was made on June 4. I want to cash this scratch off and use it to pay my Purge. Would the Lottery Administration be on notice to withhold any winnings and if so, would it go towards the Purge or towards arrears?

Posted

You need to pay the purge amount to stay out of jail. It may help to pay partial, but if you are in jail you will not be able to do anything. Contempt of court can carry a 180 days in jail punishment, and you still owe the money, and probably lose your job. Is that what you want? You can be placed in the custody of the sheriff for a considerable amount of time, and you say you have no one you can borrow from. Well, this is what happens when child support is ignored. Best of luck to you and be sure to have some sort of evidence, if nothing more than your own testimony, about what you did to try to come up with the purge.

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Asker

Posted

I understand all that. I received the order to pay the purge only 8 days before the purge was to be due. I have applied for jobs (takes time to get hired, and get a paycheck), I have asked relatives, friends, strangers for loans but no one is able, I have done everything except steal the money to get it. I lost my business at the beginning of this year and have had basically no income but have been paying about half of my c/s obligation. The Magistrate didn't care that I provided bank statements, income statement, evidence I wasn't spending money on anything other than the basic life's necessities.

Robert Jason De Groot

Robert Jason De Groot

Posted

I understand your circumstances all to well. All I can tell you is that when I was appointed as a special master years ago, it impressed me when someone came into a hearing with a very thorough accounting of all monies received, how much went for child support, and what went for other necessities.

Asker

Posted

ok. that's good advice. thanks.

Mary Katherine Brown

Mary Katherine Brown

Posted

It is always a good idea to give priority consideration to the information provided by your state's attorneys as they are most often the best source of up-to-date information on local law.

Robert Jason De Groot

Robert Jason De Groot

Posted

I do not understand the last comment at all.

Asker

Posted

Mary Katherine Brown, can you please stop pasting in your comments everywhere... Please!!! They are really annoying! Every time I open up a comment there is the same sentence from you there. People know that! Are you getting paid for posting it?

Asker

Posted

Avvo, the only reason I flagged Mrs. Brown is that her two standard comments are SO unnecessary and EVERYWHERE. Please look into it...

Mary Katherine Brown

Mary Katherine Brown

Posted

Thank you for your comment and for sharing your frustration. With all due respect to the anonymous commentator, it should be noted that many different people read the questions and answers posted here on Avvo, sometimes months or even years after the question has been asked and answered. Consequently, certain "reminders" are useful and important. Thus, in my opinion, the effort (even though it takes just a moment) to post such reminders is worthwhile. In short, it is important for all to remember that none of the attorneys here on Avvo are giving "legal advice", we don't have attorney-client relationships with the askers, and we are not privy to all the facts and circumstances necessary to provide proper legal advice. Moreover, because we are giving general information it is perfectly appropriate, and quite common, for the Avvo attorneys to answer questions by askers who may be in locations far away from the attorney answering the question. Nevertheless, and without taking anything away from the many good attorneys who contribute to the Avvo Q&A, it is always a good idea to remind readers that the information provided by the attorneys in the same state/jurisdiction as the reader or asker should be given priority consideration because… they are often the best source of up-to-date information on local law.

Mary Katherine Brown

Mary Katherine Brown

Posted

Also, it seem logical, and it is an endorsement of sorts, to post these "reminders" in the comment section following the answers given by attorneys located in the same state as the asker. Certainly, if any Avvo attorney would rather not have other attorney's comments posted on their answers, I'm sure their wishes would be respected as there are many other ways to contribute time and information both on Avvo and elsewhere.

Asker

Posted

I think at least 80% of all attorneys make a comment when they answer a question that you should talk to an attorney in your state if they answer to somebody in another state. I don't think you have to run after the other lawyers and do their work! Since I'm not a lawyer I'm not able to post under my name, but I am more than willing to give you a call and discuss this further if you would prefer to. I have friends who are attorneys and they encouraged me to post something to you when we had a conversation about avvo. They said that they are sick of your comments too. They said "We have already been to Kindergarten and don't need a teacher." Or please read the following comment from an other attorney. Perhaps you are more understanding if you see that it's from a lawyer. "We attorneys gain points and, therefore "levels of expertise" each time we post. By posting these generic comments everywhere, she can quickly raise her contributor level on Avvo." I think avvo would post something after every question if they find a need for it. Pleeeeaaaase stop doing their work to rack up points!

Asker

Posted

@ avvo: Can you please be "the Judge" in this...

Posted

Each judge is different. I practice in Indiana, and I always tell clients that if they have an extra $5 in their pocket and they are behind on child support they need take that $5 and pay it towards their support. Most judges look at it as you should feed your kids before you feed yourself, so every little bit usually helps to show that you are trying.

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Robert Jason De Groot

Robert Jason De Groot

Posted

Yep.

Posted

How about a loan from your employer? Sometimes that will help. Stress to the court that you will lose your job and then you will not be able to pay anything at all. In these tough economic time the judge should consider that.

IF YOU FOUND THIS ANSWER "Helpful" or " The Best Answer" YOU CAN THANK ATTORNEY RADDATZ BY MARKING IT SO because Avvo awards the attorney points. MS. RADDATZ is donating her time and talent by answering questions to help those in need of legal information. This is NOT a consultation and in no way creates an attorney-client relationship. YOU SHOULD ALWAYS PERSONALLY CONSULT WITH AN ATTORNEY IN YOUR LOCAL AREA who has specific expertise in the area of law you are asking about.

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Peggy M. Raddatz

Peggy M. Raddatz

Posted

Sometimes you can ask a lawyer to represent you for the purge only.

Posted

If what you say is accurate, and the proof was presented at the contempt hearing, it is difficult to understand how a purge was set that you cannot meet. In any event, pay what you can. At the very least, it will show good faith when you appear at the commitment hearing, and perhaps result in an amendment to the purge in the nature of a payment plan. Bring your bank statements, income statements, and employer to the commitment hearing.

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Asker

Posted

It was before Magistrate Alejewicz. She heard all of the evidence, made it seem like she saw that I didn't have the income, asked my ex if she had any proof of any other income or assets I had (which she did not), stated that didn't see my ability to pay, she did state she would order an income deduction order. I had bad legal representation during he divorce procedings. What's your experience with this Magistrate?

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