Family Law Questions? Ask a Family Lawyer Online.
Dear JACUSTOMER - Assuming your have a court order for support then he owes the total amount due and not just what they can garnish unless it is the total. What you need to do is to file a motion for contempt of court for non payment of support and get a complete audit of what is owning. Then you can have the court set up an additional amount that is owed each month to apply to the arrearage of what has not been paid. It is always better to have child support deducted automatically from wages or a bank account than to rely on direct payments and I would ask the court to order that as well. You are permitted to file your own motion but you can also ask the court to award attorney fees in any case of contempt. I have included the Florida website for family law court forms and information which should be of assistance if you plan to file your own motion. If you don't file for contempt he will get away with this forever. Your child can't wait to eat until the father decides to pay what is owed.
So if the amount garnished is not the amount owed, is he responsible for the difference and that IS the child support, or does he still pay the regular amount in addition to the garnishment?
Thank you Mr. Kennett, I appreciate your help. Hope you have a great Holiday season.