Long story short. I forwarded an income withholding order to my ex's company he works for due to back owed child support. I was notified today that they can't withhold monies because he is 1099 through his "company". Mind of this LLC has not been active for several years.
We went before a judge in January and she instructed to go after the company that pays his company for the back owed child support.
What can I do to get this order enforced?
Bottom line is that your ex is personally responsible for paying, not the company. If he refuses or fails to pay and is found to have the ability, he is subject to contempt and can be incarcerated upon filing of a motion for contempt. Go to Child Support Enforcement and get them to enforce the order or seek an attorney to do it for you. Good luck!
Without many details of your case, I can suggest the following:
Contact your local child support enforcement office (Pasco County Child Support Enforcement Division) 7530 Little Rd, New Port Richey, FL 34654. Their office is (727) 847-8055.
The short answer to your question is: You have three options.
1) You could enforce the order, FREE OF CHARGE, by requesting assistance from the Pasco County Child Support Division. Under title IV-D of the Social Security act, you are entitled to enforcement assistance if you request assistance. But most importantly, YOU MUST GO TO THE OFFICE and formally request assistance by doing so in person. Please keep in mind, those assisting you have limited resources and often work under tremendous caseloads; that is to say, your case may progress slower than if you hired a private attorney.
2) Or, you could enforce your child's support order by hiring a private family attorney who will charge you $$$ for their services. The pros of a private attorney: Faster results. The cons: higher cost to you that may ultimately be more than the total amount of support owed in your case.
3) Lastly, you could seek self-help to obtain enforcement without any assistance from attorneys. However, I must warn that the legal system is complex and many people have tried and failed to successfully navigate the system without professional assistance. Please avoid this route at all costs. I cannot emphasize this enough.
Best of luck!
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