Child Support and Failure to Pay

Alan R. Burton Attorney at Law

The failure to pay court-ordered child support can lead to a finding of contempt of court if the payor has the financial ability to pay the court-ordered child support.

What happens however, when the payor spouse files a petition for downward modification of the child support obligation, and the recipient of the child support files a motion for contempt?  How will these competing pleadings be handled by the trial court?

A petition for modification of child support should either be heard before or simultaneously with a motion for contempt, in order for the trial court to determine if in fact there is a factual basis to reduce the child support obligation.

If in fact a downward petition for modification of child support is granted, an arrears figure must be calculated from the date the petition for a downward modification was filed, through the date of the hearing.  If there were any delinquencies existing in the payment of child support prior to the date a petition for modification was filed, that amount must be based on the initial court order for support.

More information can be obtained by reading the case of Rosenblum v. Rosenblum, 178 So3d 49 (Florida 1st Dist. Ct. App. 2015), or by calling Palm Beach County divorce attorney Alan R. Burton at 954-295-9222.

Client Reviews

Alan R. Burton is a good human being but truly a great lawyer. Alan R. Burton took my very weak case but with his dedication and smartness Alan R. Burton ended up winning it for me and most important Alan R. Burton won the case with 0% tolerance for lies and 100% for truth. I’m simply convinced with...

Amer A.

"Alan Burton represented me on a tough child support case. He was extremely professional, aggressive and ethical in the courtroom. He is very honest and knowledgeable. I would highly recommend him for any case, no questions asked. Thank you Mr. Burton for all of your help and support through this...

Abigail A.

"As a single working mother of two young children, I totally appreciated Alan's flexibility to E mail and to converse by phone. There were times I could only respond or ask questions regarding my case well after 6 P.M. and Alan always made himself available to suit my schedule. Alan is a single dad...

Stephanie C.

"I give great pleasure in writing this review for Mr. Alan Burton. He was a tremendous help in resolving my foreign divorce/child custody case. Very competent, knowledgeable and always available; day and night. I am located in the Middle East and had a very complicated divorce/child custody case...

David A.

"As any devoted parent who loves their children, imagine the thought of your children being abducted by another parent. The feeling of not knowing if you will ever get them back, the anxiety of court proceedings, and a possible International custody battle. This is something I would never want any...

Stefan B.

Get in Touch

  1. 1 Free Consultation
  2. 2 40 Years of Experience
  3. 3 Speak Directly to an Attorney
Fill out the contact form or call us at (954) 229-1660 to schedule your free consultation.

Leave Us a Message