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What form do I need to file in order to take ex-wife to court for failure to pay child support?

Zephyrhills, FL |

Ex-wife is court ordered to pay childsuport but has not paid in 8 years. Until recently, she has been in hiding so I could not have papers served. I now have her address and I want to take her to court. Children are still minors. Childsupport Enforcement has been no help at all.. I need to get this in front of a judge.

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Attorney answers 3


First need a court order for support. So file a motion for child support. If not paid and there is an order already in place then file a rule to show cause why she should not be held in contempt of court for failure to pay pursuant to court order. You can get free help from states attorney if there is a order of support if not still contact them child support enforcement division they can assist you

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When the final judgment, which orders child supprt be paid, was entered, was an income deduction order also entered? If you know where she is working, you may submit an income deduction order to the judge which will include the regular support payment she owes as well as an arrearage. You can file a Motion for Contempt and Enforcement. You state what the order requires, and how she is not following it. You then need to set you hearing. At the hearing ask for an Income Deduction Order to be entered (with an additional payment toward arrears). And you should call Child Support Enforcement again, and ask to speak with the local office.

This answer is provided for a general purpose, as I am not privvy to all the details or documents relating to your case. This answer does not establish an attorney-client relationship. Prior to taking any action, you should consult with an attorney who has the opportunity to learn all the factors of your case or situation.


I am a Zephyrhills Family Law attorney and offer free consultations. Please call at 813 779-8895 to set an appointment. It sounds like you need to file a motion to enforce and get a calculation of past benefits as well. We look forward to hearing from you.

Please note that THESE COMMENTS ARE NOT INTENDED AS LEGAL ADVISE and are for informational purposes only. This response does not create any attorney-client relationship and is based on limited information. A full review of additional facts might change the answer, therefore you should not rely on this answer as legal advise. I recommend that you consult with an attorney who can review your case in detail, understand the specifics of your claims, and protect your interests before you take any actions.

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