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ANDREA,
ANDREA,, Lawyer
Category: Family Law
Satisfied Customers: 12554
Experience:  25 yrs Family Law, Real Estate & Business Law, Criminal Defense, Immigration, Employment Law
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I was to appear at a hearing for contempt of not paying child

Customer Question

I was to appear at a hearing for contempt of not paying child support, but never received the notice. Now the contempt is deffered, but a new hearing will be scheduled, how do I make sure I get notified of the new hearing? and #2 I am filing for indengence due to the fact I own nothing, no job, no money in bank, and my ex owes me over $65,000 in back alimony, which is permanent,but doesnt pay. two of the 3 children are 18 or older, also have to have the 18yr old removed from child support numbers. PLEASE Help.
Submitted: 5 years ago.
Category: Family Law
Expert:  ANDREA, replied 5 years ago.

ANDREA, :

Hi, and Welcome to JustAnswer. Thank you for your question.
My name isXXXXX am a licensed, practicing Attorney and would be glad to help

Customer:

good, because I need it

Customer:

my name is Amy

ANDREA, :

1. In order to be sure that you are notified for the upcoming hearing, you should go to the Office of the Court Clerk in Family Court, tell them what happened in the past - that you we3re never notified of any hearing date - that you want to appear at the hearing because you have some issues to bring to the Court's attention and you want to be certain that you receive proper notice of the date, time, Court Room Number, etc. The Court Clerk will take your contact information and note the records that you came in and requested this. He will then make sure that you are notified for the next hearing,

Customer:

is there a special form I need to file a motion for indegence, and how do I do it

ANDREA, :

In order to Answer your second question, I need a bit more information, if you do not mind

Q. 1. How much do you owe in back child support in total ?

Q. 2. How many children are there and what are there ages ?

Q. 3. How old are you ?

Q. 4. Do you work ?

Customer:

1)around $30,000

Customer:

2)22,18,15

Customer:

4) I do not work, and was a stay at home Mom, and i am a recovery alcholic, suffer from depression, and anxiety/panic attacks, all from the strss of this which staryed in Feb. 2002. I am 47

ANDREA, :

2. You can file as an indigent party by filing a "Petition to Proceed in Forma Pauperis". However, if your Petition is granted, this will only excuse you from paying the Court's filing fees. It does not excuse you from paying child support

Do you receive Social Security Disability ?

Customer:

I just applied last week. I dont have any money, and there is no help for free in going after the alimony arrears. The judge did once in nov. 2006, took what I owed and deducted it from what he owed

Customer:

do I need to attach any type of info to prove I have nothing

ANDREA, :

2. (Answer No. 2, Continued) You should file a Petition to Modify Child Support and request a decrease. However, the decrease will be effective only as to future child support payments, not to any past due amounts. If you receive Social Security Disability, the Court will recalculate your child support obligation based on what your former husband's income and on the amount you receive in Social Security Disability.

The Petition to Modify Child support should be filed as soon as possible, so you should hand deliver it to the Clerk of the Family Court. You can ask for the form to fill out for your Petition. You can fill it out yourself, give it to the Family Court Clerk and ask that he assign it the same hearing date as hearing for contempt.

3. You should also ask the Family Court Clerk to give you the form to fill out for a Petition for Contempt against you former husband for his failure to pay you alimony. When you fill out the Petition for Contempt against your husband, give that also to the Family Court Clerk and ask that your Petition for Contempt be given the same hearing date as his Hearing date. That way, all issues will be decided at once and it will be easier on you in that the Judge can reduce the $65,000 he owed you in alimony by what you owe in child support.

3

ANDREA, :

For the moment, you do not have to attach anything. And as I previously stated (Above), the fact that a parent has nothing, does not excuse their obligation to pay child support. The best that can be done is to reduce the amount of alimony he owes you by the amount which you owe in back child support,

Please be kind enough to press "Accept" so that I will receive credit for assisting you and Answering your questions, Thank you. You can still ask follow up questions for any clarification at no additional charge.

Customer:

ok, and Thank you very helpful. How do I ask follow up if needed?

ANDREA, :

You would ask for clarification of anything you do not understand in my Answers.

Customer:

1 more question, the hearing is in front of a hearing officer with DOR representing my ex, broward county FL does not have any support for alimony so they will not let alimony issues in this type of hearing only the Judge can

ANDREA, :

It does not matter. The sooner you file your Petition for Contempt, the better off you will be because you can tell the hearing officer that he owes you over $65,000 in alimony, that you were forced to file a Petition for Contempt against him for this, and it will give you a "bargaining edge" in holding the Petition for Contempt and the $65,000 over his head.

Please be kind enough to press "Accept", otherwise I do not receive credit for assisting you, nor would I receive any payment at all for my time and effort. Thank you for your consideration and understanding.

Customer:

I understand and will press accept, Thank you for your help, not so scarry now I have some direction.

ANDREA, and 2 other Family Law Specialists are ready to help you