I know many attorneys believe that payment of child support is not or cannot become a condition of probation, but I must warn everyone to be aware that the standard conditions of probation under Section 948.03(g) of Florida Statutes includes that the probationer shall " Support his or her legal dependents to the best of his or her ability." And I must advise everyone -- probationers and attorneys advising probationers -- to be careful because this statutory standard condition of probation has been used to violate a probationer when the ability to pay child support was brought to the attention of a probation officer.
The new charge will subject him to jail/prison depending on the original charge and other facts. You can contact his lawyer to give your 2cents, but it may make no difference is he is going to jail and not back on probation.
John S. Riordan, Esq., RIORDAN & HERMAN, PL., West Palm Beach, FL, (561) 650-8291. Mr. Riordan is a former Palm Beach County Prosecutor and an experienced criminal defense lawyer handling cases in both State and Federal Courts throughout Florida. The answer provided is for educational purposes only. It does not constitute legal advice or create an attorney-client relationship. You should consult an attorney for legal advice regarding the facts of your specific case and designed to help you with your personal needs.
Payment of child support will not be a condition of probation or part of any sentence in a criminal case. The two cases are completely separate. If you want a judge to enforce your right to child support, you should file a motion for contempt in the county where the child support order was entered.
You should contact an attorney who practices in the area of family law in order to become informed of what your rights are.
The information presented is for information purposes only based on the information provided. An attorney client relationship is not formed
The suspension of his licenses for non-payment of child support caused his violation of probation and the new charge of DWLSR. It depends on what he is on probation for and how many violations he has had. A new law violation generally can lead to jail or priosn time depending on his record. The court cannot make payment of his child support a condition of his probation. You must seek enforcement of the child support order in a contempt proceeding in the Circuit court where the divorce decree and child support was entered.
Why on earth would you want to further clog up the criminal courts with a child support issue? You're not doing anything to help yourself. Hire a good family law attorney to pursue your ex for support, fees and costs.
This is not intended as legal advice.