What Can I Do About an Old Child-Support Contempt Writ if I Never Received Notice of the Hearing?
QUESTION:
A Florida court issued a contempt order and writ of bodily attachment in 2023 based on unpaid child support. I later learned about the writ only when I contacted the child-support office in 2026 to obtain my case number and arrange payment. I did not receive notice of the hearing, and the case had previously been transferred to the county where I live.
The current purge amount is $1,500, and I have the funds available to pay it. I am concerned about being arrested because I care for two children in my home and an ill parent. What steps can I take to confirm the status of the writ, address the purge amount, request a hearing or relief based on lack of notice, and reduce the risk of arrest or incarceration?
ANSWER:
Under Florida law, a civil contempt order and writ of bodily attachment issued for failure to pay child support cannot be validly imposed without proper notice. Because you were never notified of the court date and the hearing was held in a county where your case no longer resided, you have strong due process grounds to challenge the contempt order. The most effective strategy to avoid jail would be to (1) proactively take steps to pay the $1,500 purge amount before any arrest occurs, and (2) file a motion to vacate or dissolve the writ without being incarcerated, documenting the facts discussed above. I strongly suggest you reach out to an attorney and obtain counsel to assist you in this process.