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View Full Version : Issuance of writs in Florida


apetty18
Dec 12, 2007, 09:09 AM
What is the procedure in the state of Florida for collecting late child support payments. I have read online that they will do an "issuance of writs" on the noncustodial parent. My fiancé is presently serving 45 days for a VOP. He is 6 months behind on his child support and I am terrified when he gets out that day, they will be standing there to rearrest him for his late child support. How can I check to see if there is a warrant for this? Is this what this "issuance of writs" is called? I have done an online check of his driver's license and it is currently valid as of today? Does the state of Florida have to suspend his license first, before they can arrest him? I am sooo scared because if they do rearrest him that day it will cause a second VOP which will send him to prison for 3 years. Someone help please!!

ScottGem
Dec 12, 2007, 09:13 AM
Ummm, he is behind in his child support, just served 45 days for a violation of parole (which means he was convicted of some crime) and you want to marry this loser? You should be running far away.

Try checking with his PO, they may know if there are any other warrants out on him.

apetty18
Dec 12, 2007, 09:49 AM
To answer your rude comment- his exwife illegally divorced, continued to sleep in the same bed with him and even made his first 3 child support payments so he wouln't know he was divorced. The night he found out he kicked in their front door (he had made all the mortgage payment for 3 years- so yes it was THEIR house) to confront her on her evil scheme- she knewe she was busted. She called the police and he was charged with BURGULARY. He is 42 years old and has NEVER been in trouble before. He had a $54,000 a year job which flew out the window with the felony charge. Now as for the delinquent child support- you try paying $450 a month when the only job you can get with a felony charge is $9.00 an hour mowing lawns. The VOP is a technical violation (1 month late on his restitution payment to the state of Florida- again when your only making $250 a week it is hard to make all ends meet. His PO pulled it up on the computer, saw that he was late, and called the sherriff's dept and had him arrest onsite at her office.
I had questions and all you could do was insult instead of answer. I suggest to you, which now is the real loser in my book, keep your personal comments to yourself, and if you can't really help people on this site, go to playing poker online instead!!

ScottGem
Dec 12, 2007, 11:01 AM
First, I can only judge by what you tell us. So you start telling us that you are engaged to a convicted felon, who was in jail for parole violation and is behind in his child support. Based on that I felt this guy was not good husband material and I stand by that.

Now you are teling us that he was allegedly illegally divorced. How does one become illegally divorced since BOTH parties have to sign off on the agreement. Generally both parties need to appear in court.

Next you claim he was arrested, charged and convicted of burglarizing a home that was in his name and presumably listed as his primary residence. That doesn't ring true either. I might believe a domestic violence charge for breaking down the door, but burglary??

So I have to wonder about what you know of this or are you just going by what he has told you. Because, frankly, I don't buy it.

My comments were not "personal", they were a reasoned judgement based on my experience and the information you provided. As for my being rude, I admit my response was kind of harsh, but sometimes harsh is called for. I think you need a wake up call to realize that this guy is probably stringing you along playing on your sympathy. And by doing that, I am helping whether you want to accept that as help or not.

Finally, the proper way to respond to replies you receive is using the Quick Reply option. Not using the Rate this Answer and defnitely not using the e-mail or PM features.

macksmom
Dec 12, 2007, 11:26 AM
Well you have asked this questions multiple times... I don't know what else you are looking for. You were given advice.

Your first post was that your fiancé got arrested because he smoked pot and told his PO etc etc. Now you are saying its because he is behind on payments. Now you ask AGAIN about his back child support payments.

We have given you all the advice we can. You aren't going to be able to get much information on him because you are not married.

All you can do is wait and see.

As far as his "sob story" about why he is behind on child support... well he should have thought about all that before he kicked down a door, thus gettnig a felony charge. He will continue to be put in jail if he remains behind on support. Child support comes first before his own living expenses, so he better start looking for a second job.

apetty18
Dec 12, 2007, 11:58 AM
What is the procedure in the state of Florida for collecting late child support payments. I have read online that they will do an "issuance of writs" on the noncustodial parent. My fiance is presently serving 45 days for a VOP. He is 6 months behind on his child support and I am terrified when he gets out that day, they will be standing there to rearrest him for his late child support. How can I check to see if there is a warrant for this? Is this what this "issuance of writs" is called? I have done an online check of his driver's license and it is currently valid as of today? Does the state of Florida have to suspend his license first, before they can arrest him? I am sooo scared because if they do rearrest him that day it will cause a second VOP which will send him to prison for 3 years. Someone help please!!!
To ScottGem- First I am a 39 year old woman with a Masters degree in Education and do not appreciate being "talked down" to like you have so rudely done. I merely ask what an issuance of writs was because I have NEVER, nor has he, ever dealt with this issue. Second, I never said he was on parole- reread my question. He has a PROBATION violation. Third, look up your facts for the state of Florida. It takes one and only one to complete a divorce. She had all the paperwork sent to a friend's address where he had temporarily stayed for a month and then was back with her for 9 months- he missed all his hearings due to the fact he knew nothing was even taking place. And yes, because she was awarded the home in the divorce, he was charged with burglary since he forced his way into "her home". As for MacksMom, a neighbor is going through a similar situation as I am. Her boyfriend is the one that "smoked pot!" That question was from her using my login name. My only question is concerning MY fiancé and this issuance of writs (what does it mean?). As for you thinking I need a wake up call- you let me and me alone decide what to do with my life. You have no idea who I am or what has ever happened to me and my family. I thought this was a Help Desk- not a condemnation for people's mistakes (which I am positive you have made your fair share of). And as for the child support, he works 3 jobs and his 12 year old son spends more time with us than he does with his custodial mother. In fact, he has supported her 1st child, by another man, for 15 years and never once complained that that deadbeat Dad did nothing to help financially. So before you judge someone, you really should get all the facts. And by the way, notice I still haven't gotten an answer to the question that prompted me to get on this site in the first place- the process of child support enforcement and what is an issuance of writs- but never mind now- I guess this is just a place for some people to act like they know what they are talking about. At this point I don't trust you or anyone that merely can point a finger and call someone's loved one a "loser"! Thanks for nothing and I promise you, I won't lose sleep over some stranger's undeserved judgement.

macksmom
Dec 12, 2007, 12:16 PM
Well before you continue you little rants with me... if you re-read my post, it said NOTHING about thinking you need a "wake up call"... that must just be your own thoughts.

When you posted about child support... if you re-read my response there as well, you will see I gave you my experience with child support and the order of things... not sure what more you want.

AGAIN... all you can do is WAIT... you are NOT MARRIED... therefore you won't be told much information.

ScottGem
Dec 12, 2007, 12:17 PM
First, I did do some research and I can find nowhere that states a divorce will be granted in Florida without both parties involved except in case of abandonment. If you can point me to some statute that says that I would be glad to check it out. All that I did find indicates that, unless both parties agree to the terms of the divorce a trial has to be held. If his ex obrained a divorce agreement without his consent he should have sued to have the agreement overturned. That would have negated any burglary charge. Again all he would have to do is prove he was living in the home and no DA would have prosecuted. So I still don't buy this story.

Second, I agree you and you alone will decide what to do with your life. But as soon as you ask for help here or any Q&A site, you open yourself for suggestions on what to do. You opened the door and we walked through it with advice that we felt was valid. Advice I still feel is valid. As I said before, this is a help site, but help can come in various ways.

You tell Macksmom that the previous question (about pot) was actually about someone else. How are we to know that? It was posted under your name! So it looks to us like you are changing your story around.

Finally, the only one who has been rude here is you. We tried to help, you may not have liked the advice, but it was given in a sincere effort to help. You responded with rude and insulting posts.

Oh and to answer your question a write is a legal order from a court. So issuance of writs would just be a court issuing a writ for something or other. The phrase really has no specific meaning which is why it wasn't really answered.