Going After My Girlfriend's Financial Information for Past Due Child Support

**Flstatenotary** · 06-05-2011, 07:01 PM

State of Florida

My ex and I have a child together. We went to court and established paternity and time sharing and also child support. She was awarded two years of back child support at the hearing even though I had my daughter more often than she did, she was also awarded primary residency.

I was making really good money at that time ($18.50/hr) and was injured on the job and almost lost my leg. Due to my injuries I couldn't go back to my job because I couldn't perfrom as needed. I now only make $7.50 and am trying to adjust my child support because it is more than %50 of my income.

My ex just served a questionnaire requesting that my girlfriend disclose her financial information. She wants her name, her job information, her pay rate, her banking information, social security number, 401k information etc.

My girlfriend and I have been together for a year now and when I was injured and had no income she paid 100% of my household bills but would not pay my monthly child support (and I never asked her to or expected her to do so).

My ex is now trying to say that because my girlfriend paid 100% of all bills when I was injured that she should be required to conintue to do so and they should increase my child support because if my girlfriend continues to pay 100% of everything I would have no other financial obligations.

My girlfriend paid these bills out of the kindness of her heart. My girlfriend and I actually have a signed agreement that she is only responsible for 1/3 of rent, electric, water and internet. What she paid when I was injured was done to keep us from getting evicted.

My girlfriend and I do not share bank accounts or own any shared property. My girlfriend doesn't feel comfortable doing any of this because she knows how vindictive my ex is and doesn't want them to lien her bank account because my name is on it. My girl friend also owns all the furniture in the house and they are suggesting that I sell the furniture in order to pay on the past due child support. Honestly, I think my girlfriend has had enough of them comnig after her personally for this stuff and I think she may leave. My ex gets an additional $80 a month on top of my recurring monthly support to go toward back child support and it comes out by income deduction. Why is she still allowed to drag me through court and cause problems for my girlfriend? My girlfriend has nothing to do with this... Any suggestions? Will a judge even consider enforcing this crap? Is there any way to prevent her from filing anything in the furture? I really love my girlfriend and would like to get married but I don't think if this court stuff continues she will stick around long enough for that to happen if I can't prevent my ex from harassing her.... Thanks for the input.

**Dogmatique** · 06-05-2011, 07:12 PM

Quick question - you said first that you don't share a bank account...but in the next line you say that your name is on her account.

Can you clarify that?

**CourtClerk** · 06-05-2011, 07:17 PM

Quoting Dogmatique

Quick question - you said first that you don't share a bank account...but in the next line you say that your name is on her account.

Can you clarify that?

I think what the OP meant was that girlfriend doesn't want to put his name on the accounts because she's afraid that they'll be able to lien it with his name on it...

However, OP, I'd HARDLY call someone expecting you to support your child vindictive. Unless the mother of your child can prove that you are evading paying your support by having your girlfriend support you, she'll be going no where with getting her ordered to pay support or lien her property. But... since you were injured on the job, was there a settlement that you received? Lawsuit?

**Flstatenotary** · 06-05-2011, 08:50 PM

I meant that my girlfriend doesn't want to open a joint account (for our bills) for fear that there would be a lien placed against it. We do not have any joint accounts at this time.

There is a lawsuit going on right now with regard to my on the job accident. I did for almost three years get workers compensation and paid child support and my bills from that but my workers compensation ran out in February and I had not been "retrained" in order to find employment in a different field nor had I been medically released to return to work.

I returned to work after three months of no income against medical advice because I was getting so far behind on my child support payments. Now I am working on getting them lowered because they were originally based on my previous income which was a lot more hourly than my new job. (I also have another child that lives with me full time and has no visitation with his mother) So I really need to have the payments lowered so that I can support my other child too.

So she didn't get child support for three months but now that I am back to work she is getting payments regularly through the income deduction order. My job pays the court dirctly from my paycheck. She did file a contempt against me and I was found in contempt for non payment of child support but the judge said she would not enter a purge amount against me because I was able to show documentation that I was communicating with workers compensation in order to be retrained and that I had applied for SSI and that this lack of income was not intentional and I could not control it and also that financially there was no way that I would be able to pay a purge.

She filed this stuff after the judge ordered that I would not be purged and now my ex is trying to go after my girlfriend even though she is getting all child support that was ordered every week. All back child support will be paid off in a couple of months but until then I guess she is going to keep filing and sending "certified" stuff to my house...

I didn't mean at all the shes being vindictive because she expects me to pay my support, I meant that she is being vindictive in filing all this stuff after the judge has ruled on it. It's crazy that she thinks that she has a right to know my gf's social security number or bank account numbers...

Obviouslt my gf is not going to give her the information but just the manner she demanded them and multiple times and the threats of clearing out our house and selling my gf's stuff is harassing. I am in compliance with all court orders so I know a judge won't rule on it but I want her to stop.

**CourtClerk** · 06-05-2011, 09:30 PM

We don't always get what we want, but it's important for you to understand, per your own words, you WERE found in contempt of the order. Not having a purge payment assigned is NOT the same as not being found in contempt. She's probably going to keep bothering you until she gets what is owed, so make that priority number 1.

**Moise** · 06-06-2011, 07:58 AM

When they calculate CS, they do so based on your pay. Keep in mind that judges don't seem to care if it will put you in a bind to begin with, it is just some percentage of your income. So they ain't gonna increase it just cause your G/F is financially stable.
Gyod, if that were the case, then the CS calculations would be based on the incomes of every person the NCP knows.

As far as getting whatever arrears yes that is true you have to catch up with that but for your ex wanting more just because your G/F has money, your ex doesn't have a leg to stand on, she is hallucinating.