Posted by Nydia Streets of Streets Law in Child Support

“What do I do if my ex is about to leave the state to avoid paying alimony or child support?” This is a question many have once their support order is entered and they want to make sure the party ordered to pay does not skip town to avoid paying. Florida law provides a remedy in this situation. 

If a party ordered to pay support intends on leaving the state to conceal his or her whereabouts or intends on transferring assets out of state to conceal them, the other party can apply to the court for what is known as a writ ne exeat. This operates essentially as a warrant in that the Florida Crime Information Center telecommunications system is notified so that law enforcement detains the party/takes him/her into custody and prevents the party from leaving the state.

The person detained can have the writ removed by paying what is called a purge payment. This is an amount that is usually significant enough to cover what is owed and/or to secure future payment. Unless payment is made, exit from Florida will be difficult. 

If you have a writ entered against you and need assistance having it removed, or you need a writ against someone who is trying to avoid paying you, it is best to have a family law attorney assist you since there are technical requirements that must be met to get relief.