You’ve asked him time and time again, and the result is still the same: the father of your child is not paying his child support.
Under Florida law, if a support order is already in place and the father refuses to abide, you have the right to require him to support his child.
If the refusal to pay is not willful, the father does not have the appropriate funds to cover his child support and steps must be taken to either reduce the amount or suspend his obligation until he has the money with which to pay. You may be concerned that he is withholding child support under a false claim of insufficient funds, in which case you should ensure proper investigation through the court.
If the father is willfully refusing to pay his child support, we can petition the court to hold him in civil contempt on the understanding that he is in possession of the appropriate funds. The nonpaying parent faces a possible fine, incarceration, or other form of punishment from the court if found in contempt. This could include an income reduction order under which an agreed sum would be automatically removed from the nonpaying parent’s wages by a third party, ensuring payment.
Each case is different and deserves the time and consideration of the court. Matt Liebenhaut, family law attorney for Tallahassee and surrounding areas, will work with you to ensure you are better able to provide for your child. We also handle divorces and child custody throughout Tallahassee and North Florida.