QUESTION

If someone misses a child support hearing and an FTA is issued (along with a $1000 purge), what motion needs to be filed to dismiss both?

Asked on Oct 11th, 2018 on Child Support - Florida
More details to this question:
My boyfriend recently found out he has a purge of $1,000 for missed child support from 2015. When he called the courthouse to find out how to get in front of a judge to fix the issue (he's been paying all along), they told him he also had a Failure to Appear from a child support hearing (that he didn't know about...he's moved around a lot and it may have gotten sent to a wrong address). We're trying to have both the arrest warrant AND the purge dismissed. Child support has been taken out of his check regularly and we don't even know why he has a purge to begin with. He was told he needed to file a motion, but what exactly is the motion that we need to file to get in front of a judge about the issue?
Report Abuse

1 ANSWER

Heather Cherepkai
Your boyfriend will need to file a motion to recall bench warrant and motion to dismiss the failure to appear.  Each motion will need to include specific language to meet the burden for the Court to grant both motions.  The motion to dismiss the failure to appear and to recall the bench warrant would be based upon him not having notice of the hearing and thus his failure to attend was not an intentional act.  Additionally, he has has been paying child support through his employer withholding child support from his paychecks, thus he did not have any knowledge that there was any issue with his child support payments.  One issue he may have is with his failure to update his address with the Clerk when he moves or with DOR.  He has an ongoing obligation to keep his address updated which would avoid such issues.  Also, in regards to the purge amount, the issue may be with his employer not withholding sufficient child support payemnts of is they are withholding the maximum allowed in Florida, which is less than his obligation.  If that is the case, then he needs to petition to have the child support modified.
Answered on Oct 15th, 2018 at 10:27 AM

Report Abuse

Ask a Lawyer

Consumers can use this platform to pose legal questions to real lawyers and receive free insights.

Participating legal professionals get the opportunity to speak directly with people who may need their services, as well as enhance their standing in the Lawyers.com community.

0 out of 150 characters