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My sons father hasnt paid his court ordered child support…

My son's father hasn't paid...
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?
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Answered in 1 minute by:
4/18/2013
Ely
Ely, Counselor at Law
Category: Family Law
Satisfied Customers: 103,584
Experience: Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
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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.
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Customer reply replied 5 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.
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Customer reply replied 5 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.

IMPORTANT: Please use REPLY button to keep chatting, or RATE my answer when we are finished. Kindly rate my answer as one of the top three faces before submitting the rating, because this is how I get credit for my time with you. Rating my answer the bottom two faces does not give me credit and reflects negatively on me as an expert, even if my answer is correct. I work very hard to formulate an informative and honest answer for you; please reciprocate my good faith. Do not worry, you may always ask follow ups for free after rating. My ultimate goal is your complete satisfaction.
Ely
Ely, Counselor at Law
Category: Family Law
Satisfied Customers: 103,584
Experience: Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
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Ely and 87 other Family Law Specialists are ready to help you
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Thank you for your generosity. Again, good luck!
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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.

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