Holding Your Ex Accountable for Unpaid Child Support
Raising a child in a single parent household is challenging on all levels. Children rely on their parents for everything, from providing their daily needs to emotional and financial support, and the demands of single parenthood are high. Trying to meet all these demands without financial contribution from the other parent is almost impossible. Child support is not optionable, but some parents do not always pay, often due to assumptions the parent receiving the money will misuse it or believing the amount ordered is too high. However, a parent cannot simply decide to ignore a child support order because he/she disagrees with some aspect of the issue. The parent receiving support has options to enforce this obligation, including the right to ask a court to hold the delinquent parent in contempt. That is precisely what Miguel Cabrera’s former mistress, Belkis Rodriguez, is doing by arguing he is violation of a number of provisions of the child support order, including providing health insurance coverage and being current on payments. One parent should not have to shoulder the burden of raising a child without the support of the other.
Order for Contempt
When a person violates a directive in an order issued by a court, the court has the power to punish that individual for not following its orders. Not paying child support, failing to obtain health insurance coverage, or not covering the cost of other expenses included in the order would all be grounds for asking a court to hold the parent in contempt. Courts take delinquent child support seriously, because they want to ensure the child’s needs are addressed and that the government is not asked for financial assistance to replace the other parent’s contribution.
When the parent receiving support files a motion for contempt, the court will send the other parent a notice that he/she is to appear at a show cause hearing to explain why the child support is not being paid. If it appears the delinquency is intentional, the judge has the authority to put the parent in jail for flouting a court order. If the delinquency is not intentional, the judge will order the parent to pay some or all of the back child support or face jail time and/or fines until the account is current. Further, if the parent fails to show for the hearing, the judge can issue a bench warrant for his/her arrest. These measures are intended to compel the parent to comply with the child support order and are successful in most cases.
Other Enforcement Options
In addition to holding the delinquent parent in contempt, the parent owed child support can petition for a money judgment for the outstanding amount and use that to seize the other parent’s real and personal property to recoup the missing payments. Further, the court can suspend the parent’s driver’s license, as well as other professional licenses until the overdue amount is paid. Finally, seizing passports and having negative marks put on the parent’s credit report represent other ways courts can pressure a parent into paying this obligation.
Talk to a Florida Family Law Attorney
Your child’s welfare cannot be protected if you do not have the money you need to provide for their needs. Child support is essential for covering the high costs of raising a child, and if you are having issues with your ex-spouse over unpaid child support, talk with the Orlando child support attorneys at Donna Hung Law Group about your options. The longer you wait to take action, the harder it will be to get the entire amount you are owed. Call us at (407) 999-0099 for a consultation.