court not quite what i expected

[Tinkster1020]

What is the name of your state (only U.S. law)? FL I went to court this week. I had my x properly served by the sherrifs in his county. My motion was for Contempt of court, failure to pay court ordered child support. Not only did my x not show up to court but he also did not file an answer. I was hoping this would be rather cut and dry but it was not so simple. I sort of understand the hearing officers ruling but sort of don't too. She said she was entering an Order to Appear, that must be served upon him. If he fails to appear she will issue an Order to have him picked up. I gues what confuses me is on the Summons it already told him if he failed to appear a Writ of bodlily attachement could be filed on him. It seems like double the work, and double the time. I guess they have to be careful, she also said she has to make sure he is in Willful contempt and has the ability to make the purge, which I understand but also I mean come on.... no payment, not even a dime in six months, how could that not be anything but willful? If he wanted a modification he could have availed himself of the system and asked for a modification, sometimes I feel like the courts are on the side of the non paying deadbeats. Maybe that sounds harsh but just because the NCP cannot get his life together, kiddo still has to eat. Of course kiddo is fine, because I take care of him, but his dad should be made to take care of him too and it should not take six months to get him into court....
Anyone know why the hearing officer did not go ahead and issue the pickup order this time instead of the Order to appear.... thanks....
Also, if an Order to have him picked up is issued, how will Florida accomplish this since he is living out of state, the hearing office knew he is out of state.

 

[Isis1]

Look at it this way. He was served by you. He's going to be served by the judge. Than a warrant. The judge is deliberately letting him sink his own hole. Relax. All this the judge is doing is going to benefit you in the end.

 

[Tinkster1020]

okay thank you very much for the reply. I am responsible for serving him the papers, but the Order to appear is coming from the judge so thats a very good thing. The only kink in the whole thing i can forsee is if for some reason I cannot get him served again. Hopefully everthing goes smoothly, thanks again!