Recieved letter for Contempt on Child support.

S

Sisco0123

New Member
Jurisdiction
Florida
I obtained a letter for contempt for child support for no payments recently, I'm afraid I may be arrested. I was incarcerated from June last year to December and since then have been on house arrest and unemployed. The other parent has been threatening me which I have proof in texts of her saying I should never see my kid and should make it where my mother should never see him. I have proof of me attempting to get a job but no luck where I live. I get off house arrest in October. How can I go about this to assure I wont get arrested? Please help I am worried and am trying to straighten my life. I was paying before I got arrested and this is my first contempt. Should I worry so much?
 
Please explain what you mean by "obtained a letter for contempt".
 
Seems to me that you should prepare and file a Florida Family Law Rules of Procedure Financial Affidavit prior to the hearing, as your ability to pay is a critical issue in this contempt proceeding. In fact, that's exactly what the letter says. Additionally, you should plan to appear at the hearing. I'm sure that the rules of your house arrest allow for you to attend court hearings for which you are compelled to attend.

Really, it's all right there in the letter...
 
Zigner said:
Seems to me that you should prepare and file a Florida Family Law Rules of Procedure Financial Affidavit prior to the hearing, as your ability to pay is a critical issue in this contempt proceeding. In fact, that's exactly what the letter says. Additionally, you should plan to appear at the hearing. I'm sure that the rules of your house arrest allow for you to attend court hearings for which you are compelled to attend.

Really, it's all right there in the letter...
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I understand that, I have papers showing me on house arrest, papers showing me attempting to get a job, papers showing I was incarcerated, so forth. I plan on going, my PO will allow me. I am just afraid of being arrested and would like some advice if that's typically what they normally do or will they put me on something like a job order since I have all the evidence showing why I haven't been able to pay and that I am not intentionally avoiding it.
 
Sisco0123 said:
I understand that, I have papers showing me on house arrest, papers showing me attempting to get a job, papers showing I was incarcerated, so forth. I plan on going, my PO will allow me. I am just afraid of being arrested and would like some advice if that's typically what they normally do or will they put me on something like a job order since I have all the evidence showing why I haven't been able to pay and that I am not intentionally avoiding it.
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But the reason you can't pay is for violating your probation. Whatever you did to violate was an intentional act. Don't expect the Judge to be very sympathetic to your plight.
 
justblue said:
But the reason you can't pay is for violating your probation. Whatever you did to violate was an intentional act. Don't expect the Judge to be very sympathetic to your plight.
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Understandable, So do you guys think they will work something with me or will i be arrested despite the proof of my attempts and such?
 
The letter says that if you fail to appear you may be arrested. There is no other direct threat of arrest in that letter. Beyond that, we're all just guessing.
 
Zigner said:
The letter says that if you fail to appear you may be arrested. There is no other direct threat of arrest in that letter. Beyond that, we're all just guessing.
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Okay, last thing and that should be it. Would I be the petitioner or the respondent when filling this affidavit out? Thanks for all the help!
 
You are in the same role as you were in the orders that you originally received for child support.
 
Sisco0123 said:
I understand that, I have papers showing me on house arrest, papers showing me attempting to get a job, papers showing I was incarcerated, so forth. I plan on going, my PO will allow me. I am just afraid of being arrested and would like some advice if that's typically what they normally do or will they put me on something like a job order since I have all the evidence showing why I haven't been able to pay and that I am not intentionally avoiding it.
Click to expand...

You're only going to get arrested if you do NOT show up. If you show up and show cause as to why you aren't paying, the judge will possibly give you more time to pay or give you a date that you need to have a job by. Your worst choice to make will be not showing up because then you'll have a warrant issued for your arrest. But no one can predict what the judge will or will not order you to do but it's unlikely you'll get arrested when there's no warrant for your arrest right now.
 

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