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What will happen if I paid the child support that I owe before the Motion for Contempt hearing for failure to pay child support.

Fort Pierce, FL |

I paid with my tax refund which the Department of Treasury intercpted for child support. I have proof that they intercepted and took it out for them. Will the hearing be dismiss or will I still have a potienial chance to go to jail. My court date is feb 20. I called child support over the phone and said my account is $0.00 and also I looked over the internet and also said the samething. I also paid online for three months in advance and printed out the receipt. I know that I still must show up unless I got notice by the court, but what will happen to me? Plus, Im unemployed for the last two years and just going to school. Can I get the payments modify that same day.

Attorney Answers 4


If the child support has been paid, it is unlikely that you would go to jail. Make sure that you have all documentation of the payments that have been made, since different government departments do not always communicate effectively with each other.

As to the issue of modifying the current child support, you will need to file a Supplemental Petition to get that modified. It is possible that the court would address it at the contempt hearing, but unlikely.

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Try to get the Hearing cancelled and confirmed in writing. If not confirmed in writing, you need to go no matter what ANYONE says. Better to be safe than sorry!

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You will not be able to modify child support obligation without filing a supplemental petition to modify child support, and allege a statutory basis for modification per 61.30, Florida Statutes.

Consult with a family law attorney to better understand your rights and responsibilities.

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You must go to court unless you receive paperwork that the hearing has been cancelled. Bring all your paperwork and make sure to bring anything you have showing that the balance is zero.
Regarding your modification, you must file a Supplemental Petition for Modification and you must serve the other party and give the other party an opportunity to respond or answer the petition before you can go to court to change your child support amount.

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