My ex has moved out of Florida, he did not go through the courts to move just moved. My support checks where ordered to come through the state. December the ex mailed the support check to me made out to me. I told him the check needs to be made out to the Clerk of the Circuit Court in order for the payment to credit the account. His response was he is not focused on what the courts want. Now he has shorted the second check for December and keeps sending me emails. He is reducing my support check by $417.33 because he is paying support for three children and should only be paying for two. My divorce papers state Husband shall pay child support for the parties two minor children in the amount of $1252.00. He is also stating that I move back to Virginia, we have lived here for 6 plus years and divorced for 2years.
If he is not complying with the court order, you can address this with the courts - you should speak with a lawyer who can review your court order and advise you as to the best way to proceed. He can’t unilaterally change the terms of the court order.
Alimony is a court ordered responsibility that your ex husband must comply with. He does not have the legal authority to adjust the amount of alimony that he pays to you. Further, he is (per the order) required to pay Alimony through the clerk of court. Paying through the clerk of court protects you and him by keeping a record of the actual payments made.
It sounds like he has not willingly agreed to begin paying through the clerk of court. Therefore, you may need to file pleadings to have him held in contempt of court for his willful refusal to follow the court order. The court will have the authority to require him to follow the court order, and can impose sanctions such as requiring him to pay your lawyers fees for filing the motion and having the hearing.
I hope this helps.
You should speak with an experienced local family law attorney.
I wish you all the best.
David A. Carroll
Pensacola Divorce Lawyer
I appreciate the opportunity to answer your question. However, please keep in mind that this answer is based on very limited information and should only be considered for general legal information and not necessarily specific advice to you. By answering this question we have not created an attorney client relationship and none is intended. The best advice I can give you is to obtain legal counsel of your own and spend time to go over all facts, issues, relevant laws, and strategies and make sure your fully understand all of your rights and responsibilities. Again, this answer does not create an attorney/client relationship and none is intended.
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