What are my rights to attach assets if my child’s mother owes me child support?
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What are my rights to attach assets if my child’s mother owes me child support?
My child’s mother owes me over $10,000 in child support. Could I get a writ of attachment to take a vehicle that has both of our names on the title? She has never paid a dime of child support since the case was open in 2006.. She currently is trying to get an injunction on me. The car is paid off. What can I do to either get the vehicle back or liquidate it for child support?
Asked on October 4, 2010 under Family Law, Florida
Answers:
M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney
Answered 14 years ago | Contributor
You need to contact the Florida Department of Revenue Child Support Enforcement Unit. They are the ones that will help you collect the money owed to you. You can indeed get a judgement against her for the back money owed ("arrears") and then "execute" on the judgement. That could definitely include having the Sheriff or Marshall seize the vehicle. I would go down and file the child support order and speak with someone on how to make sure that you are paid on a regular basis. And if you have a judgement then it is enforceable even as against her estate in the event of her death. So do whatever you need to do. Good luck.
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