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.
DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.
The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).