Question:
I filed papers through my employer to voluntarily have child support deducted from my income, which has happened with each paycheck. However, I just received a summons for contempt for not paying child support.
How can I respond to this summons since I have proof of my child support payments?
Answer:
First let me preface my answer by stating that I am not licensed to practice law in the state of Florida. Cordell & Cordell does have divorce attorneys who are licensed in the state of Florida who would be happy to discuss your case with you.
If you have paid your child support as you have indicated, then you should take proof of your payments to the court on the day that you are summoned to appear. Be sure to take multiple copies, so if you have to appear in front of the judge you will have a copy of your proof with you.
I have seen too many cases where a party only brings one copy and hands that to the court administrator or another officer of the court only to have the proof misplaced. Depending upon when your hearing is schedule, you may be able to file a response prior to the hearing with your proof attached to your response.
An attorney in your jurisdiction should be able to provide more insight into that process pursuant to your rules of civil procedure and would be in the best position to give you advice on how to prove to the court that you have paid your support obligation.
Jason Bowman is an attorney in the Louisville, Kentucky, office of Cordell & Cordell. He is licensed in the states of Kentucky and Texas. He received his Bachelor of Science in Business from the University of Louisville, and received his Juris Doctor from Texas Wesleyan University.
