Concerning FL DOR & contempt on NCP

[PrimaryParent]

My daughter was born in Jan. 2000.

In 2002, it was found that my daughters father (I'll refer to him as NCP) could afford to pay $80 a week in child support.

NCP paid his child support for a short time after MY husband got him a job as an installer at the company that he was working for. NCP got fired for calling out of work and drinking on the job, after my husband left that company to start his own contracting business. Since then no child support has been paid.
I recently went to court for contempt with the NCP. The hearing officer ordered him to pay a $300 purge by today (2/28) which he HAS done.

The hearing officer ordered that NCP does have the ability to have paid & is in willful contempt for failure to comply with a prior support order. He is $11,372.00 in arrears as of January 1/11/08. Hearing officer also ordered him to pay his child support of $80 + $20 a week towards his arrears.

My questions..... Since the NCP has still not been paying his child support, is he liable to go to jail still? I am thinking the answer is No. Just curious.
Also, Do I need to call the DOR to have them file a contempt hearing again for his continuation to willfully ignore the orders of the court? Does anyone have any insight to how these kinds of cases go down exactly?

 

[juliesgram]

You're in Florida? Doesn't the NCP pay the child support via the Revenue Dept in Tallahassee? If the NCP hasn't been paying his child support, his license should have been suspended. If this happens 3 times, he could lose his license for 5 solid years.

 

[Scooterdog]

My daughter was born in Jan. 2000.

In 2002, it was found that my daughters father (I'll refer to him as NCP) could afford to pay $80 a week in child support.

NCP paid his child support for a short time after MY husband got him a job as an installer at the company that he was working for. NCP got fired for calling out of work and drinking on the job, after my husband left that company to start his own contracting business. Since then no child support has been paid.
I recently went to court for contempt with the NCP. The hearing officer ordered him to pay a $300 purge by today (2/28) which he HAS done.

The hearing officer ordered that NCP does have the ability to have paid & is in willful contempt for failure to comply with a prior support order. He is $11,372.00 in arrears as of January 1/11/08. Hearing officer also ordered him to pay his child support of $80 + $20 a week towards his arrears.

My questions..... Since the NCP has still not been paying his child support, is he liable to go to jail still? I am thinking the answer is No. Just curious.
Also, Do I need to call the DOR to have them file a contempt hearing again for his continuation to willfully ignore the orders of the court? Does anyone have any insight to how these kinds of cases go down exactly?

It's nothing more than civil contempt. If he is pro se, the judge can't legally put him in jail. As far a revoking a license, that's been found to be unconstitutional in some states by their supreme court.

I guess if I were you, I'd be asking myself: What are the chances of ever getting my money? I'd say pretty slim, if he's nothing more than a laborer.

 

[PrimaryParent]

You're in Florida? Doesn't the NCP pay the child support via the Revenue Dept in Tallahassee? If the NCP hasn't been paying his child support, his license should have been suspended. If this happens 3 times, he could lose his license for 5 solid years.

He has actually had his license suspended already. He also has his taxes intercepted by the IRS as well. But he works under the table so there is really a fat chance of filing taxes.

Thank you for you're response.

 

[PrimaryParent]

It's nothing more than civil contempt. If he is pro se, the judge can't legally put him in jail. As far a revoking a license, that's been found to be unconstitutional in some states by their supreme court.

I guess if I were you, I'd be asking myself: What are the chances of ever getting my money? I'd say pretty slim, if he's nothing more than a laborer.

I did know that he is still in contempt. But I was not sure of was if his jail time that was pushed back only for the purge or for the entire order. He is not Pro Se. The Dept. of Rev. work's WITH us in order to do what is best for the child. He doesn't listen to them. They will counsel you and say if you can't pay $80 a week at least pay something. Just send it in. He refuses to listen and he thinks I am trying to get one over on him. He doesn't understand what it costs to take care of her.

Thank you for insight and your response.