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Ely, Counselor at Law
Category: Family Law
Satisfied Customers: 101966
Experience:  Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
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My sons father hasnt paid his court ordered child support

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My son's father hasn't paid his court ordered child support since before Christmas; he even left a job were his wages were being garnished. In addition, he is also an illegal alien, a Mexican National. What kinds of penalties can he incur and what are the proper channels to go through to take action against him?
Hello, my name is Ely. Welcome to JustAnswer. Please note: (1) this is general information only, not legal advice; and (2) my function is to give you honest information and not necessarily to tell you what you wish to hear. Note: there may be a slight delay between your follow ups and my replies.

I am sorry for your situation. Can you please tell me:

1) Have you attempted to have him held in contempt, or not yet? If so, what has happened?
2) Does he have a criminal record?

This is not an answer, but an Information Request. I need this information to answer your question. Please reply, so I can answer your question. Thank you in advance.
Customer: replied 4 years ago.

1) No, I have not tried to do that yet.

2) Yes, he's been arrested once for driving without a license and once for battery/touch or strike

Thank you for your reply. I am typing out your answer now; apologies in advance for the momentary wait.
Customer: replied 4 years ago.

So you don't need any other information?

No, I do/did not.

Paying child support is something ordered by the Court. An order by a court may be enforced by contempt. Contempt is how one enforces an order from the Court. Otherwise, the order is not much worth than the paper it is printed on.

Contempt has the party that is not following orders punished by the Court, be it via admonishment, fines, costs in your bringing the motion assigned to them, and/or imprisonment in continuous/malicious/brazen actions against the court orders.

A hearing on contempt may be initiated by filing a motion for contempt - see here for step-by-step instructions and a blank motion on how to do this, and here for the notice.

An attorney is recommended but not mandatory. If you want to use an attorney, may I recommend the FL Bar referral program - here. The attorneys are vetted and qualified. You should be able to find an attorney you are confident with and whom you can trust, and who is available ASAP.

The state also provides free counsel via the FL Dept of Revenue - Child Support Enforcement office - here. However, they often take a while to act.

Once/if he is found in contempt, he may be admonished, fined, made to pay, and/or threatened with imprisonment if he does not.

His immigration status does not afford him any special rights, but, also does not hurt him in this matter because ICE is currently deporting aliens with SEVERE criminal records as a priority.

I hope this helps and clarifies. Best of luck.

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Thank you for your generosity. Again, good luck!