Child Custody And Support

Summary

In Florida, if your ex-spouse violates custody orders or fails to pay child support, you can take legal action. Document all violations and missed payments. File an emergency motion for urgent custody issues, a motion for contempt for non-compliance, and a petition to modify custody if necessary. You can file these motions yourself by obtaining forms from your countys family court website. Filing fees may apply, but fee waivers are available for those who qualify. Court staff can guide you to the correct forms, but they cannot provide legal advice. If found in contempt, consequences may include wage garnishment, fines, or license suspension. Consider filing promptly to address urgent concerns, especially when children are involved.

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my ex wife asked to take the kids out of state for a two week vacation during school time. It falls on my weekend with the kids and our 6yr old is failing 1st grade. She also refuses to tell me where she is taking them and has left the state of florida. This isn't the first time she has broke the order. I am currently on make up time still from last year when she refused to give me the kids for over a month. A judge gave me make up time etc. What should I do in this case?

It sounds like a stressful situation. You may want to consider the following steps:
- Document all violations of the custody order.
- File a motion for contempt in court.
- Seek a modification of the custody order.
- Consult with a family law attorney to discuss your options.
Would you like more details on any of these steps?

Yes I can't afford an attorney. Can I file myself and if so, how?

You can file yourself. Here's what you need to do:
- Document Violations: Keep records of all instances where the custody order was violated.
- File a Motion for Contempt: Visit your local family court to file this motion. You can usually find forms and instructions on the court's website.
- Seek Modification: If you need the custody order changed, you can file a petition for modification.
Would you like more details on any of these steps?

Would I file an emergency order?

It sounds like you have a valid concern, especially since your ex-wife has taken your children out of state without informing you and has previously violated the custody order. Yes, you can file an emergency order to address this urgent issue. Here are some steps you can take:
- Emergency Motion: File an emergency motion with the family court. This can request immediate court intervention due to the urgent nature of the situation.
- Documentation: Provide evidence of past violations and the current situation to support your emergency motion.
Would you like more information on how to file an emergency motion in Florida?

Yes

Filing an Emergency Motion in Florida:
*. Prepare the Motion: Find the forms on your county's family court website. Fill out the emergency motion form, detailing why immediate intervention is necessary.
*. Gather Evidence: Include documentation of previous custody order violations and current concerns.
*. File the Motion: Submit it to the family court clerk. There may be a filing fee.
*. Attend the Hearing: Be prepared to present your case.
Would you like more details on any of these steps?

Do I need to file contempt with the emergency order?

You don't necessarily need to file a contempt motion with the emergency order, but doing so can strengthen your case. Filing both can address immediate concerns and hold your ex-wife accountable for past violations.
Would you like more information on how to file a motion for contempt in Florida?

Yes

~Filing a Motion for Contempt in Florida:
*. Prepare the Motion: Obtain the necessary forms from your county's family court website.
*. Detail Violations: Clearly document how your ex-wife has violated the custody order.
*. Submit the Motion: File it with the family court clerk and pay any applicable filing fees.
*. Attend the Hearing: Present your evidence and explain the violations to the judge.
Would you like specific details on how to gather and present your evidence effectively?

Yes

To gather and present your evidence effectively:
- Document Everything: Keep records of all communications, missed visitations, and any evidence of violations.
- Organize Evidence: Sort your documentation chronologically.
- Witness Statements: Collect statements from anyone who witnessed the violations.
- Present Clearly: Be concise and to the point during the hearing.
Would you like more specifics on how to organize your evidence?

Do you know how much this will cost in Desoto County Florida?

Filing costs can vary, but here are some general estimates for DeSoto County, Florida:
- Filing Fee for Contempt Motion: Approximately $*-$*.
- Filing Fee for Emergency Motion: Similar range, around $*-$*.
You may qualify for a fee waiver if you cannot afford these fees. Would you like information on how to apply for a fee waiver?

Yes

Applying for a Fee Waiver in DeSoto County, Florida:
*. Obtain the Form: Download the fee waiver application from the DeSoto County family court website.
*. Fill Out the Form: Provide financial information and reasons for your inability to pay.
*. Submit the Form: File it along with your motions.
Would you like help with finding the forms or more details on filling them out?

Would my emergency motion cover a change in custody?

An emergency motion can address urgent issues, but it may not directly result in a permanent change in custody. To modify custody, you would typically need to file a separate motion for modification of custody.
Would you like more information on how to file a motion for modification of custody in Florida?

Can I file emergency motion, contempt, and a modificaiton in custody at once?

Yes, you can file an emergency motion, a motion for contempt, and a motion for modification of custody simultaneously. Each addresses different aspects of your situation.
Would you like a brief overview of how to prepare and file each motion?

yes

Here's a brief overview on how to prepare and file each motion in Florida:
- Emergency Motion:
- Prepare: Detail urgent concerns.
- File: Submit to family court clerk.
- Attend Hearing: Present your case.
- Motion for Contempt:
- Prepare: Document custody violations.
- File: Submit with evidence.
- Attend Hearing: Explain violations to the judge.
- Modification of Custody:
- Prepare: Show significant changes in circumstances.
- File: Submit petition to family court.
- Attend Hearing: Argue why custody modification is necessary.
Would you like specific forms or more details on any of these motions?

If I go down to the court house will they help me file everything correctly?

Court staff can provide general assistance and guide you to the correct forms, but they cannot offer legal advice or ensure everything is filed correctly. It's important to carefully follow instructions provided with the forms.
Would you like information on how to find the forms online before heading to the courthouse?

Yes

Finding Forms Online in Florida:
*. Visit the Website: Go to your county's family court website.
*. Locate Forms: Look for sections like "Forms" or "Self-Help".
*. Download Forms: Get the necessary forms for emergency motion, contempt, and modification of custody.
*. Fill Out Forms: Follow the instructions provided.
Would you need help with anything else?

What are the exact names of the forms I need?

For your situation, you will need the following forms. You can usually find them on your county's family court website:
- Emergency Motion (Family Law)
- Motion for Contempt
- Supplemental Petition to Modify Custody or Visitation
Would you like help finding these forms online?

Do I need all my evidence at time of submission?

You don't need to submit all your evidence at the time of filing, but having some initial documentation can strengthen your case. You will need to present all your evidence at the hearing.
Would you like more information on organizing and presenting your evidence effectively?

Would it make my case stronger if I waited until the two weeks has passed

Waiting until the two weeks has passed may not necessarily make your case stronger. Given the urgent nature and past violations, it might be more effective to file an emergency motion now. Courts take immediate action seriously when children are involved.
Would you like more insights on filing the emergency motion right away?

yes

Filing an emergency motion now could be more effective due to the urgency and previous violations. Here's what you can do:
- Prepare the Motion: Detail the urgent concerns and past violations.
- Gather Initial Evidence: Include documentation of violations.
- File the Motion: Submit to the family court clerk.
- Attend the Hearing: Present your case.
Would you like help with any specific part of this process?

Can I file a contempt order for child support that hasn't been paid in a year?

Yes, you can file a contempt order for unpaid child support. Here’s how:
- Document Non-Payment: Keep records of missed payments.
- File Motion for Contempt: Obtain forms from your county's family court website.
- Submit Motion: File it with the family court clerk.
- Attend Hearing: Present evidence of non-payment.
Would you like more details on any of these steps?

In the state of florida do I need to wait for child support to get to this point as I have a case with them?

You don't need to wait for child support to reach a certain point before filing a contempt motion. If your ex hasn't paid child support as ordered, you can file for contempt at any time. Ensure you document all missed payments and follow the steps mentioned.
Would you like more details on how to file the motion for contempt?

What will they do if he's found in contempt?

If someone is found in contempt of court for not paying child support in Florida, the judge may:
- Order immediate payment of overdue support.
- Garnish wages or seize assets.
- Impose fines.
- Suspend driver's or professional licenses.
- Sentence jail time until compliance.
Would you like more information on any of these consequences?

What if the child support office already threatened to suspend his license?

If the child support office has already threatened to suspend his license, it's a serious indication that they are actively pursuing enforcement. Here are some steps you can take:
- Document Communication: Keep records of all communications from the child support office.
- Follow Up: Contact the child support office to confirm the status and any additional actions you can take.
- File for Contempt: Proceed with filing a motion for contempt to further enforce the order.
Would you like more details on how to proceed with the motion for contempt?

Child Custody And Support

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