i have a child support contempt hearing on wensday . i havent been able to pay my child support for all most a year because i have been going back and forth with disability trying to get on it . i have been activly trying to find some kind of work so that i could make payments but have had no luck there either . when ever the mother asks me to buy something for my daughter i have done it by either borrowing money or pawning items i own to get the money . but i havent made a payment to child support . my ex dont want me to go to jail but i fear this is what is going to happen . and i cant afford a lawyer to go to court with me . i talked to a case worker at child support and explained to her my situation and she said i wont go to jail but how reliable is her info .. im a nervouse reck over
If you cannot afford your child support payments you should look into modification of the child support amount. This would require you to file documents with the court asking for the modification and establishing the need for the modification (there are legal requirements to this).
As far as a contempt hearing for failure to pay child support, to be found in contempt of court, the Court must determine that you have willfully failed to comply with its order, this means that the Court must find that you have the ability to comply with the order (which is presumed under Florida law) and that you are choosing not to. You should be fine if you are able to establish that you have been actively seeking employment, but have been unable to find anything.
Disclaimer: This answer is provided for informational purposes only, does not constitute legal advice, and does not create an attorney-client relationship. Actual legal advice can only be provided after completing a comprehensive consultation in which all of the relevant facts are discussed and reviewed. It is always recommended you consult an attorney in person or via telephone to discuss your case. Myers & Eichelberger, P.L. is committed to helping everyday people, please visit our website at www.theMElawfirm.com if you need further assistance.