# Any legal eagles that give advice here?



## FrustratedFL (May 18, 2011)

My lawyer filed motion to petition the court for final judgement on my divorce yesterday but is very vague about the outcome. 

My STBX has ignored all motions and timeframes by court. He has been a no show for meetings and has not filed any paperwork. My lawyer and I have had it and want to end the delays. 

Questions:
My STBX is self employeed - how can the state of florida force him to register with State to pay child support?

How does child support get calculated for self employed person who has not filed financials? 

How does State force STBX to file DL # in case child support is not filed?

It seems that in FLorida you can cheat on your spouse without fault, ignore all court motions and still be smelling like a rose because you are self employed and not able to garnish any wages from a PAYCHECK!

I just want this finalized!!


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## Pluto2 (Aug 17, 2011)

If he refuses to file anything (really dumb on his part), the court has the authority to hold him in contempt and impute income to him and then determine support from that figure.
Here's the Florida State:
Section 61.13016, Florida Statutes, authorizes the suspension of driver's licenses and motor vehicle registrations of those persons who are delinquent in their payment of child support. The statute provides:

"(1) The driver's license and motor vehicle registration of a child support obligor who is delinquent in payment or who has failed to comply with subpoenas or a similar order to appear or show cause relating to paternity or child support proceedings may be suspended. . . . Upon a delinquency in child support in non-IV-D cases, and upon the request of the obligee, the depository or the clerk of the court must provide notice to the obligor of the delinquency and the intent to suspend by regular United States mail that is posted to the obligor's last address of record with the Department of Highway Safety and Motor Vehicles. . . ."

The court has the authority to require bank account records, which is great unless he's switching banks to hide money. His refusal to comply is contempt. Get H phone records and subpoena the customers to investigate if they made cash payments. 
Getting the DL # is not that difficult. There are online background check cites that can get that.
If none of that works, you might try a private agency like, SupportKids.com who specialize in tracking down parents and assets for the purpose of paying support.
Good luck.


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## EleGirl (Dec 3, 2011)

Your attorney should know how to do all of this. What does your attorney say?

Get the court to subpoena the business and personal tax forms from the IRS and State for the last 2 years. Then child support is calculated on that.

The court can also subpoena all bank records for is personal and business accounts.

If he will not give the data then you get it from the institution via subpoena.


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## FrustratedFL (May 18, 2011)

Thanks Pluto and elegirl;

My lawyer has told me bits and pieces but is wishy washy giving me answers. 
For instance - 2011 taxes were joint filing and I provided those tax forms. 2012 was married filing separated but accountant sent us both files in an email plus his signature card to efile with IRS.

These are both legal documents that can calculate an income. When I asked she said we can present to court and if they do no except than we assign him a Florida wage which is $42000 That is a really crummy amount. I asked why we cannot just file the amounts that have been legally reported to IRS. She was very vague in her answer. 

I am at the stage of playing hard ball now to get this done. No more delays or excuses from spouse. DL# I have a copy of when we applied for passports. 

I am just tired of the bull**** and the wishy washy answers from lawyer. I paid her enough money and do not want to start over with retainer and paperwork again with new lawyer. 

STBX just need to man up, show up and sign up!


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