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  1. #1
    Join Date
    Aug 2011
    Posts
    10

    Default Court Ordered Amount Not Being Paid in Full

    My question involves child support in the State of: FL

    All children involved are past the age of 18, so the collection is now solely on back support, which is still over 25k+ owed.

    Court modified the monthly amount to just under $400 per month, but lucky to see $80-120 per month paid. Some amount is paid monthly, as
    this as been discovered the 'trick' to staying under and out of the courts radar. Courts will not flag the total court ordered amount, only if a payment has not been made over 30-45 days.

    Non-custodial parent works cash only jobs, and has their mother maintain their checking acct, nothing is in their name to look at or go after.


    Besides paying a lawyer $$$ to keep dragging him into court, is there any other way to make the court 'see' he is not paying the court-ordered amount?

    Calling FL Department of Revenue is futile, All they state is the case will be reviewed, which they never do.

  2. #2

    Default Re: Court Ordered Amount Not Being Paid in Full

    Unfortunately, no, there's not. Not unless Florida's taxpayers want to contribute several additional thousand dollars each to the budget each year to hire the number of judges, clerks, bailiffs, and other personnel needed to go after a case that's behind for less money or shorter time. They have to draw the line somewhere when using resources to chase deadbeats. And even with the necessary level of staffing, those willing to work cash only (which will hurt him later, since he's hurting his social security credit) and title their assets to others leave support collections with little or no recourse. Even the most angry judge can't take away what isn't legally his. You could always ask that he be sent to jail for contempt for not paying, but most judges won't do that, because he won't be paying ANYTHING while sitting in a cell. That's why any reviews are pointless unless you've got a way to PROVE his income - and even that will only address the amount - not increase collection possibilities.

    Sadly, if someone is determined to pay just the minimum to avoid escalated action against them, then that's what you should anticipate to see. Spending the money on an attorney might have short term benefit, but it's going to come at the obvious costs to the attorney, and could have the unintended consequence of the state washing their hands of the case, since it would have been taken over by private collection attempts. And again, unless you can find assets to go after, even an attorney won't accomplish much more than applying pressure, maybe scaring him for a short time.
    Catherine NeSmith
    Executive Director
    AARDVARC.org, Inc.
    http://www.aardvarc.org

    #1 lesson: The only person who can give YOU legal advice is YOUR attorney

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