Being sent to jail is not likely to facilitate the ability of your ex to make child support payments. However, parents who refuse to make payments they can afford can potentially be found guilty of contempt of court, which can subject them to being sent to jail . This may seem satisfying to the other parent over the short term. However, experienced enforcement lawyers can help parents throughout the state pursue legal options that help ensure children get the financial support they need.
You must follow a complex legal process to enforce the terms of a divorce decree. In addition to making the required notifications, your Boca Raton enforcement attorney must develop an effective case proving more than just non-payment. An essential part of your case involves proving your ex has the funds to make support payments but refuses to do so. Even though the defense has the opportunity to provide financial hardship in court, a well-prepared enforcement lawyer can often anticipate the arguments of the defense and present compelling evidence that supports your case.
Keep in mind that your children do not benefit by having a parent in jail. The law serves their interests best by obtaining the financial support they need and deserve. One way to accomplish this is to seek overdue and even future child support payments through other legal methods, such as wage garnishment. In fact, the Florida garnishment statutes even include court costs and other legal expenses when determining the amount owed by the defendant.
You may have a highly contentious relationship with your ex-spouse, but the interests of your children are best served by pursuing a financial remedy for missed child support payments rather than watching your ex go to jail. The attorneys at Weiner & Weiss, LLC help you focus on the results you need. We pay attention to the details to develop a compelling courtroom case to protect your rights and the rights of your children.
