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Child Support Arrears

by Jessica
(Las Vegas, NV )

My ex-husband is in arrears over $30,000.00. His DL has already been suspended. Prior to two weeks ago he was paying child support at $121 a week taken from his Unemployment check. Since I have not received child support in the last 2 weeks I am assuming he is not getting unemployment. I want to take him to court to get my arrears or force the issue of jail time to force his hand. Is this an option for me?




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Child Support Arrears

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Answer:
by: Anonymous

Hi, Jessica,I live in Florida and like you have been through a lot with my ex regarding child support. All you need to do, is file contempt of court. You can do this yourself and it's easy, the people at the court house will help you.

If you cannot afford the filing fee, ask them for an indigent status form, if you make little money, if you qualify the filing fee is free,in Florida the filing fee is $50. Just list on the contempt papers what he has not followed in the original court order.

After you file it usually takes several months to get a hearing date. Since his arrears are so high, the judge will most likely try and put him in jail at the hearing, but this is no guarantee, each judge is different, and depends on a lot of factors at the time of the hearing.

If your ex typically upsets the judge he will probably see a jail cell. Also you are not in contempt if at the hearing he can cough up the money for a purge amount. I know this sucks, but the judge will never tell the NCP to pay the full arrears no matter what the amount. Usually it's 10-30 percent of the total arrears, unless the judge feels he can pay more.

He will also typically set up a payment arrangement also at the hearing, and if he doesn't follow it, just file contempt again, every time you are found in contempt the more you spend in jail each time. I hope this helps! Best of Luck!

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