Non Payment of Child Support is a civil matter. Enforcement is based on local laws. However, in Pinellas County, delinquency can result in your drivers license being suspended.

According to the Pinlleas County Clerk of the Court website:

The Clerk of the Court can enforce Child Support in the following ways:

Notice of Delinquency resulting in Judgment by Operation of Law: Fifteen (15) days after a case becomes delinquent according to S.61.14(6)(a)1, the Clerk sends the Obligor (also referred to as “payor” or “respondent”) a notice of delinquency to the address of record. The Obligor has fifteen (15) days to make payment in full or file a motion to contest.

1.   Payment in full must include fees listed on notice.2.   Motion to Contest. Upon receipt of a motion to contest the Clerk will schedule a hearing and send out notices for the hearing date and time to the Obligor and Obligee (also referred to as “payee” or “petitioner”). After the hearing an order is issued concerning delinquency.

3.   If payment or Motion is not received within the fifteen (15) days, a Judgment by Operation of Law is filed. This will cause the support records to accrue interest on arrears balances. Interest is established at the rate for that year by the Florida Department of Financial Services (Office of the Chief Financial Officer of Florida).

Driver’s License Suspension for Child Support Only and Non-IV-D Cases (only for cases not enforced by the Department of Revenue Child Support).

1.   Upon written request from the Obligee the Clerk will verify delinquency on account and send a Notice of Intent to Suspend to the Obligor. Notice is sent by regular mail that is posted to the Obligor’s last address of record with the Department of Highway Safety and Motor Vehicles as provided under S.61.13016FS and S.322.245.2.   The Obligor may do one of the following:

• Make the payment of delinquency in full to the Clerk of Court
• Enter into a written agreement with the Obligee and provide the signed, written agreement to the Clerk for filing, or
• File a Motion/petition to Contest the delinquency. Upon receipt of the motion and a $32.00 fee, the Clerk will schedule a hearing and send notice of the hearing date and time to both parties.

Alexander Truluck focuses his practice as a criminal defense attorney in Clearwater, Palm Harbor, Largo, Dunedin and the Tampa Bay area.

For more information, visit our website at http://www.criminallawyerclearwaterflorida.com
or call (727) 799-3550.

This may seem to be a silly question. If you are in jail, you really want to get out as soon as possible, right? The answer is – It depends. There are some basic rules when deciding to bail out a client.

Now is the right time to post bail when:

1. The client will be deported if he/she is not bailed immediately.
2. The client will earn more money while out on bail than the cost of the bailbond.
3. The client will lose a good job that he will be able to keep if he bails out.
4. The client has children or dependants he/she must support.
5. The client will suffer a substantial financial loss if he/she remains in custody: such as losing a home, or significant business transaction.
6. The client must get out of custody in order to assist in his legal defense.
7. Your lawyer tells you to bail out.
8. You are in a position to post cash bail.
9. You get a great deal on bail.

The holidays are a tough time to be in jail. Inmates are often scared while they are in custody and put a great deal of pressure on family members to post bail, especially this time of year. Most of us have never been in jail and don’t understand the difficult time that inmates in local jails can actually face. Inmates are often threatened while in custody, pressured to do things they wouldn’t normally do, and certainly subjected to deplorable conditions in jail.

Inmates are often “tested” by other inmates. Especially when they first arrive in jail, inmates try to push each other and see what they can get away with.

From such fear come the many phone calls begging for bail. Parents and family members who are not familiar with the criminal justice system often try to scrape together every nickel they have to post bail and then have no money left to hire an attorney or pay for the cost of a private investigator or expert witness, or pay their rent or mortgage.

You should talk to your lawyer BEFORE posting bail. Maybe bail can be reduced, maybe the case can be settled, or maybe the defendant can stick it out in custody and that money can be used to hire a lawyer or at least for living expenses after the client is released from custody. Remember, inmates accrue credit for the time they are in custody before the case is over. That credit can greatly reduce a sentence in a case. This is what we can “time served”.

Alexander Truluck focuses his practice as a criminal defense attorney in Clearwater, Palm Harbor, Largo, Dunedin and the Tampa Bay area.

For more information, visit our website at http://www.criminallawyerclearwaterflorida.com
or call (727) 799-3550.