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RobertJDFL
RobertJDFL, Lawyer
Category: Family Law
Satisfied Customers: 13748
Experience:  Experienced in multiple areas of the law.
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My grand daughter recently got a divorce from her husband.

Customer Question

My grand daughter recently got a divorce from her husband. She has custody of her two children (ages 3 and 1). According to the Mediation Agreement (Filed with the court in FL. November 9, 2015), her husband is to pay $650 per month in child support starting December 1, 2015 and half of her attorney fees ($1,400) by the end of 2015. To date he has not paid any child support; he recently became unemployed and is not actively looking for work. As of January 1, 2016 we anticipate he will be in noncompliance and will owe my grand daughter $2,700. Question: Can we take action to bring him back to court for noncompliance without an attorney? If so, can you outline the process? Thank you Art L.
Submitted: 1 year ago.
Category: Family Law
Expert:  RobertJDFL replied 1 year ago.

Thank you for using Just Answer. I look forward to assisting you.

I'm sorry to hear your granddaughter is having these issues. But, the good news is yes, she can bring him to court on a contempt action for his failure to comply and she doesn't need a lawyer to do it.

The form is called a "Motion for civil contempt/enforcement", and the form and instructions are here. The form actually does a good job of spelling out what she would need to do step by step. She can ask for all sorts of relief from the court, including wage garnishment, and that he be forced to pay the costs incurred for bringing the motion, for example. She can also ask that he pay a fine on top of any other relief. Of course, what is ultimately done is up to the judge.

The other forms she may need for the hearing (as referenced in the instructions for the contempt motion) can be found on the Florida Courts website, here:

http://www.flcourts.org/resources-and-services/family-courts/family-law-self-help-information/family-law-forms.stml

There are also links on that side to self-help legal centers and low cost legal aid services.

If you need clarification or additional information, please REPLY and I'll be happy to assist you further. Thank you.

Expert:  RobertJDFL replied 1 year ago.

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