Florida Divorce Lawyer Podcast | Child Custody, Alimony & Mediation in Florida · Attorney Jonathan Jacobs

Child Support Purge Payment: Get Out of Jail!

·6 min

The episode begins by addressing the seriousness of a motion for civil contempt being filed against someone for unpaid child support. It outlines that under Florida law and the Florida Family Law Rules of Procedure, such a motion must include specific language warning of potential arrest and up to 48 hours in jail if the person fails to appear at the hearing. The host emphasizes that this notice is crucial for due process. The episode then explains that the court must make factual findings that the alleged contemnor had both notice and an opportunity to be heard before determining contempt. This process is highlighted as particularly important in child support cases. The host describes a common scenario where someone has repeatedly failed to pay child support over an extended period, leading to contempt allegations. In such cases, the person might receive a letter threatening contempt and jail time. The episode introduces the concept of a purge payment, which is made right before the hearing to show the Department of Revenue that the person is making best efforts to pay. This purge amount can serve as a cure for the non-payment issue, potentially leading to the cancellation of hearings. The host notes that the purge payment demonstrates to the court that the person should not be held in contempt. The discussion is procedural and legal in nature, focusing on the steps involved in contempt proceedings for child support. It provides practical advice for individuals facing such situations, explaining how to navigate the legal system. The episode is educational, breaking down complex legal terms into understandable concepts. It aims to inform listeners about their rights and options when dealing with child support enforcement. The host uses clear examples to illustrate the consequences of non-payment and the importance of timely action. Overall, the episode serves as a guide to understanding and responding to civil contempt motions in Florida family law.

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