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I have a child support judgement in Mass and my ex lives in Florida the judge ordered a capias and requested it to be a criminal capias and to see if they could extradite him back to Mass the DOR says it is not a criminal capias and they cannot enforce it unless he is arrested in either Florida or Mass. If I move the judgement to Florida I have been told a Florida judge can change it to the ex's advantage is this true?
I was told by a Florida Attorney that a Judge in Florida if I moved it to Florida could change the judgement from the Massachusetts judges judgement by lowering the amount owed. The judge in Mass wanted him extradited to Mass but DOR says they do not do that. I had to have his wages garnished and he still does not pay what was ordered. I keep being told thats the way it is, while he gets to hide assets and his wealth. We reside in Massachusetts and vacation in Florida and I own a home in Florida. I have also been told if he is pulled over for a driving violation he can be arrested but I cannot just have a police officer just go arrest him even though there is a capias warrant 3times now he has not shown up to court.
Debbie,What you were told by the Florida attorney is correct. If you change the judgment over to Florida from Mass, the new state that has domesticated the judgment could potentially modify the terms. However the attorney is not correct that a the Florida courts will simply do that by themselves--the other party, meaning the other parent, has to petition the courts for formal modification of terms based on Florida guidelines. Otherwise whatever judgment was put in place remains written as it was put in place by Mass courts.The rest of what you were told is regrettable but also true--while some states are far more militant and aggressive pertaining to dead-beat child support owing parents (Texas comes to mind), Florida is not quite as vigilant. Further, child support is still ultimately a civil issue that deals with contempt and civil debt obligations--I do not see the courts issuing an extradition order or a capias order as this is considered to be low priority by the local law enforcement.Good luck.
The judge did request an extradition and there is a warrant for his arrest and the judge said it was criminal because he owes over $10,000.00 so if he is pulled over for a driving violation it is my understanding he would be arrested because the warrant should show up so is this incorrect?
Thank you for your follow-up, Debbie.No, that is absolutely correct pertaining to the warrant and what may happen to your ex. But as this is a passive offense, the state would not set forth resources to arrest him now--as you were correctly advised, the warrant will only appear if he is pulled over or otherwise runs afoul of law enforcement in some way. Until that happens the courts would not pursue him and law enforcement would not go out of their way to arrest him. Good luck.