Motion For Civil Contempt & Enforcement

by Christian from Lehigh Acres, Florida, Lee County

I just received the above titled forms from my ex. It doesn't mention on there anything about a hearing or anything. She has my 6 year old son and refuses to let me have my time with him which was ordered in mediation.

I am supposed to have him 50% of the time, but the last time I tried to pick him up she slammed the door in my face and has since refused to let me have him.

It seems to me she is in violation of the mediation order and has no case to ask for child support. What is my next step to answer this?

Answer to Florida Child Support Question

Dear Christian,

What is she claiming that you did or didn't do that places you in contempt of court?

If you are in contempt because of failure to pay child support, you need to catch up right away.

The reason I say that is because no matter what she has done as far as denying your rightful visitation, a judge is going to put substantial weight on whether or not you are current in support payments.

In other words, it is not only in your child's best interests, but yours as well. If support has not been ordered yet, a judge will still consider whether you are voluntarily making support payments. There will be a hearing on her motion for contempt.

At that time you can explain to the judge that she has denied you visitation with your son as per the mediation order. A judge can order make-up visitation time if he finds that she has wrongfully denied you visitation.

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