Expert: Dan Bachert - 10/21/2009

Question
i have turned my sons father in 3 times and nothings worked, my kids dad keeps moving out of state so i cant find him. My child is going to be 2 and i have not got a dime of childsupport his whole life. what can i do

Answer
Hi Brittany, if you are using the services of the Department of Revenue then your only option is to wait for them to take action. If you are using a private attorney or filing contempt actions on your own then you will need to 1) obtain an address at which the father can be served with the Motion for Contempt (one way you may be able to obtain that address is from the post office if he files a notice of forwarding address with them)2) you need to serve and file discovery requests that provide income and asset information from the father, and finally 3) you will need to prove to the court that the father has the ability to pay the ordered child support from his income or assets but simply refuses to do so.

If you do these things and request in the Motion for Contempt that the father be incarcerated until such time as he pays his child support the court is likely to do just that.

I hope this information was helpful to you. Please be aware and advised that this public forum is designed to provide only general information, to give you a basis of legal knowledge. This public forum does not give you attorney-client privilege. You and I have not entered into an attorney-client relationship. I am not responsible for your legal rights and this answer is based solely on the information you have provided in your question and as always, I would advise that you arrange for an in person consultation with an attorney from my firm or another Family Law attorney familiar with Florida Family Law who can analyze the specific facts and circumstances of your case more closely to better advise you.

Sincerely,

Daniel Bachert, Esq.
The Bachert Law Firm, P.A.
330 Clematis Street, Suite 222
West Palm Beach, Florida 33401
(561) 653-3951