Any advice at all?

[missmindy]

OK, I'm sorry....I should have thought of that. Here it is....
__________,
and the state of Florida Dept. of Revenue,
Petitioners,
                                                                Recommended Order
                                                          On: Motion for Contempt
v.

________,
Respondent.
__________________________/


THIS CAUSE came to be heard on January 24, 2001 on the issue(s) noted above, prsuant to Fla. Fam. L.R.P. and current administrative orders,

X The parties duly noticed/served        The Respondent brought before the court

There appearing:
X Individual Petitioner
X Petitioner's Counsel
X Respondent


FINDS:
1. The Respondent is in arrears in the payment of child support in the amount of $0.00     as of January 24, 2001.

2. N/A The Respondent has had in the past and presently has the ability to comply with the orders of this or any other Court of Competent Jurisdiction and has failed to do so.

            Page 2
RECOMMENDED AS FOLLOWS:

N/A 1. The adjudication of contempt is hereby:__denied___withheld__reserved.

N/A 2. Respondent is in contempt with a reservation on terms.

N/A 3. The Respondent be taken into custody in court on ----to serve a term of-----days in the ******Jail. He be released at any time upon payment of the sum of $---------.The Respondent appear before this court at the next scheduled docket date.

N/A  The Respondent shall pay a purge $----- or serve --- dyas in the **** County Jail. Commitment for this contempt, hoever, can be deferred on the condition that the Respondent pay the sum of $---- on or before ----- AND continue making support payments as previously ordered during the monitoring period or the original sentence shall reinstate.  Failure to comply with paragraph 6 may result in the issuance of a Writ of Attachment.

        4. Respondent shall pay attorney's fees an costs of $90.00 within N/A days from the entry of this order to the Dept. of Revenue, Child Support Enforcement, (address).

        5.  Either party may move to vacate this order within 10 days of entry.

        6. It is further recommended that:  The Parties have separate agreement, all ONGOING support and arrears payment will be made directly to the custodial parent.

In view of above, the Hearing Officer herein recommends entry of this order.

Dated at (city), (county), Florida, this 5th day of Febuary, 2001.


                                                         Hearing officer's signature
 

                        Page 3

     THIS CAUSE came to be heard upon the Recommended Order of the Hearing Officer, and the undersigned having considered the findings and recommendations therein, and being advised in the premises,

         It is ORDERED AND ADJUDGED:

         1. That this Recommended order is hereby ratified and approved.

         2. That the partied herein are ordered to abide by all the findings and recommendations contained therein as this Court's Order.

         3.  That all prior orders not inconsistent herewith are reaffirmed.

         DONE AND ORDERED this 6th day of Febuary, 2001.


                                                     Judge's Signature
----------------------------------------------------------------------------------

Will this be OK? The places that I left ateriks are personal info. Also, if you need to see it, I also have the order from September ordering payment through the state depository, which also states the arrears as $0. Let me know if that is something you would need to view. Thanks!

[socrateaser]

OK, my interpretation is that the orders for child support that existed prior to the above-posted orders, whatever they may be, remain valid and in force, and only the arrears accrued prior to Feb. 6, 2001 were purged by the above orders. Therefore, you can be held in contempt  for any non-payment of the original support order that has accrued since Feb 6, 2001.

[missmindy]

Thank you socrateaser; that's basically what we decided would probably happen but wanted a more expert opinion. The court date that was set has been cancelled, so we don't know what's going on yet. Thanks for your input!