South Pittsburg, TN asked in Family Law and Child Support for Florida

Q: I am asking on behalf of my husband. How to make someone comply with court orders.

In September 2022 my husband filled a request for an adjustment in child support, based on a substantial decrease in income and an increase in bills. In response to this request, his ex served him with a lawsuit. Asking for both more money, and less visitation. The original request was then considered null and void, as it is now a part of the lawsuit. Before October 3rd, the deadline, my husband submitted all of his required paperwork. Including income, bank statements, bill statements, ECT. It has been almost 5 months and his ex still has not submitted a single piece of the required financial information. According to our lawyer, she is in contempt. Also according to our lawyer, there's nothing we can do about it. Our question is- how do we go about making this case move along? Is there any way we can alert the courts to look at her, or force her to submit the paperwork so our case can move on? If she is 5 months past due and in contempt, shouldn't she be in trouble? *We are in TN*

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2 Lawyer Answers
Rand Scott Lieber
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Answered
  • Hollywood, FL
  • Licensed in Florida

A: I can only answer based on Florida law. If your child support case is in Florida then you can ask the court to compel her compliance with the discovery process (exchange of financial documents). The motion to compel will have a deadline which can then be escalated to a motion for contempt. It is the court's job to move the case forward but you must ask for what you want. Speak with a local family lawyer for more specific advice.

Terrence H Thorgaard agrees with this answer

Terrence H Thorgaard
Terrence H Thorgaard
Answered
  • Freeeport, FL
  • Licensed in Florida

A: If your lawyer said she is in contempt of court, that attorney should know how to ask the court to hold her in contempt. It doesn't really matter that you are in Tennessee or elsewhere; what matters is where the case is pending. I assume the court is in Florida because you asked it in Justia < Ask a Lawyer > Florida.

1 user found this answer helpful

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