Child Support

[LisaP]

I have had an income deduction order in effect with the state of Florida since 1998. The absent parent was ordered to pay a certain amount of support weekly. He has yet to do so to this day! He has found away around the system and I do not understand how he can get so far behind in support and nothing happens to him! He is currently over $9,000 behind on current support but over $41,000 behind in back child support! How can this happen? Every time I do speak to CSE (Child Support Enforcement) I am told all tools have been exhausted and now the only thing they can do and have done is send a notice to DMV for suppension. The absent parent does make an appearence at the local office on the last day of the dead line CSE has given him and signs an agreement to pay a certain amount of child support split up in a months span. He does make 1 payment and the DL suspension is canceled! He has yet to make the full amount of the payment that was once agreed upon, and CSE continues to make payment arrangements with the absent parent and he has never followed through those signed payment arrangements! I am told thay have to go through the proper channels for collection, from sending notices to the employer to him and DMV. The absent parent has had job after job, once CSE has cought up with his employer and sends out the notices to that employer about for the income deduction he quits, and moves on to another place of employment. When the absent parent goes into the local office he will give CSE information on his new employer and for some reason it turns out he doesn't work there. I am also told by CSE that as long as the absent parent makes a payment every 30 days or pays any money they can not find him in contempted because of that payment. I have requested many times for this to go to court and it never does! I have also spoken to other moms that have current income deduction orders and when ever the absent parent gets behind in a certain amount he will go to jail, and the absent parent isn't nearly behind in support as the absent parent of my children. What is going on here? What can I do, and is this particular case just falling through the cracks? Please give me some advice, I have been fighting for my children to receive support for 13 years! Not only has CSE exhausted all tools, I'm exhausted as well! Thank you, Lisa

[Attorney Howard Iken]

CSE does not have unlimited resources. They have many tools to enforce support but if someone decides to become a professional deadbeat - there is little you can do.

Even though this is a CSE case, you are allowed to have a private attorney pursue the case. What you must do is prove he has assets and bring that proof to court. The judge can order the assets to be turned over. You can also independently ask the court to hold him in contempt and order a "purge" payment. This is an amount you must prove he has the ability to pay. Many courts will set a date for that money to be turned over to avoid an arrest warrant.

These are tough cases. He has decided to live an unstable life - all for the goal of not supporting his children. There is no perfect answer.