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  1. #1
    Join Date
    May 2008
    Posts
    15

    Default Hit With Back Child Support Charges After Voluntary Payments

    My question involves child support in the State of: Florida

    Had a daughter with a girl I dated, unfortunately, things didn't work out but we did decide to remain friends for the sake of my child. We agreed on paying 200 a month in child support (because it was I was able to afford at the time). From nowhere, I'm getting a a CS notice sent to my door. Why? Because she was getting govt benefits with her first son, so she was required to get it with our daughter...

    I get slapped with BACK SUPPORT (wtf? We agreed to the amt! papers to prove it!), but 336 a month (Florida). Even more sadly after that, I lose my job (the CS order was never signed or signed.cause I'm fighting the back order cause I think it was unfair since I actually gave money, and spent lots of time with her and ctd to do so).

    Here's my question(s);

    1. I was told I have to get Medical coverage for my daughter (this was by someone I know in legal). It'll cost me 336.00 to get it for myself and her, which would put me at 170 in CS (cs calculator)..but would it be better for CS to take the 336 in Child Support or do the coverage through my job, and end up paying 506.00 in Coverage AND CS?

    2. If I go the CS route would they still require me to get the coverage?

    and 3. Were they even legally right to hit me with back support charges when me and the mother agreed to the amt before she "had" to file for it?

  2. #2
    Join Date
    Jul 2006
    Location
    Florida
    Posts
    2,772

    Default Re: Hit With Back Child Support Charges After Voluntary Payments

    Quote Quoting blakkidd25
    View Post
    My question involves child support in the State of: Florida

    Had a daughter with a girl I dated, unfortunately, things didn't work out but we did decide to remain friends for the sake of my child. We agreed on paying 200 a month in child support (because it was I was able to afford at the time). From nowhere, I'm getting a a CS notice sent to my door. Why? Because she was getting govt benefits with her first son, so she was required to get it with our daughter...

    I get slapped with BACK SUPPORT (wtf? We agreed to the amt! papers to prove it!), but 336 a month (Florida). Even more sadly after that, I lose my job (the CS order was never signed or signed.cause I'm fighting the back order cause I think it was unfair since I actually gave money, and spent lots of time with her and ctd to do so).

    Here's my question(s);

    1. I was told I have to get Medical coverage for my daughter (this was by someone I know in legal). It'll cost me 336.00 to get it for myself and her, which would put me at 170 in CS (cs calculator)..but would it be better for CS to take the 336 in Child Support or do the coverage through my job, and end up paying 506.00 in Coverage AND CS?

    2. If I go the CS route would they still require me to get the coverage?

    and 3. Were they even legally right to hit me with back support charges when me and the mother agreed to the amt before she "had" to file for it?
    1. It doesn't matter who "told" you anything. What matters right now is what does the court order state regarding medical? If you have coverage available through your job, you will be ordered to pay for medical.

    2. Yes, if it is available through your job at a reasonable cost. A portion of the premiums will be deducted from the base amount of CS.

    3. Because Mom collected benefits, yes they can order retro support. I'm a little confused though on whether or not an order already exists. If one doesn't you can produce proof of payments made and request that those payments be credited to retro support. It can get a little complicated because if mom did not report the payments to the state, she could be in trouble for not reporting all income while recieving benefits.

  3. #3
    Join Date
    May 2008
    Posts
    15

    Default Re: Hit With Back Child Support Charges After Voluntary Payments

    Quote Quoting Xena
    View Post
    1. It doesn't matter who "told" you anything. What matters right now is what does the court order state regarding medical? If you have coverage available through your job, you will be ordered to pay for medical.

    2. Yes, if it is available through your job at a reasonable cost. A portion of the premiums will be deducted from the base amount of CS.

    3. Because Mom collected benefits, yes they can order retro support. I'm a little confused though on whether or not an order already exists. If one doesn't you can produce proof of payments made and request that those payments be credited to retro support. It can get a little complicated because if mom did not report the payments to the state, she could be in trouble for not reporting all income while recieving benefits.
    Thanks for answering..I appreciate the help;

    Yea, I have no problem paying for the benefits from my job (though I do have a question, if I opt out of not getting benefits from my job due to the cost, and find outside insurance to cover her and myself with, would they use that?)

    Now to address #3,

    THe order for CS was filed while I was out of country in January of 2006, however, the case stayed pending up until literally February of 2008. In between November 2005 and even now, I was giving the mother of my daughter (an amt that we agreed upon before I found out about the CS order in January), 200 to 250.00 a month, I even paid out of my own pocket for literally everything my daughter needed before she was born (spent almost a grand in baby stuff) where as the mother did not have to buy anything.

    Even when I returned in June of 2007, the case was still pending as I went to check on it myself (not that that helped much cause they wouldn't tell me much other than it was pending). So I continued giving my money to take care of my daughter (Receipts were in fact saved to prove this.) Anyway, come February 2008, I get told that they finally got around to the case and that I owe back support (again, wtf? That hit me the hardest because its like they're telling me I was doing enough for my child when she spent half the time with me (so that was still money coming out of pocket) when I came back PLUS the money I was giving her mother...(CS I've come to notice is a crooked system that treats every man from the deadbeats to the try-hards the same god damn way).

    They then tell me that I would now be paying 396 (This was due the fact that the mother was again riding the system, this time Unemployment..but anyway but she has a job now, so the payments were lowered to like 336). I have no problem paying CS, as I know its something that I have to do and I'm a man of responsibility and will stick to that. However, I did decide to consult a family law lawyer in regards to the back support (it was like 11K) since I did give the amt I did based on an agreement (a signed agreement, notorized and everything) between myself and the mother. So I was basically giving by faith in the system.

    The family lawyer did tell me that she'd fight to either have the back support thrown out (due to the length of time they took to get to the case and the fact that I was paying "CS", just not govt. issued) or at least reduced to where I'm not ****ed in trying to play catch up.

    Do you guys think I have a chance in doing so or was consulting said lawyer a waste of time? She's a well respected lawyer here in Orlando and says she deals with this kind of issue alot, but i don't want it to turn around and bite me in the ass, y'know?

  4. #4
    Join Date
    Jul 2006
    Location
    Florida
    Posts
    2,772

    Default Re: Hit With Back Child Support Charges After Voluntary Payments

    Yes, if you can find insurance cheaper outside of work, it will be allowed. The court order will only state that you are required to have coverage, it will not state a specific company to use.

    Yes, you should hire that attorney, with reciepts, she should be able to have the retro reduced. However, make sure though that it won't be a situation where the retro gets reduced by X number of $, and then you have to pay attorney the same amount. You'd come out even, the difference will be that you child won't recieve any of that money.

  5. #5
    Join Date
    May 2008
    Posts
    15

    Default Re: Hit With Back Child Support Charges After Voluntary Payments

    Quote Quoting Xena
    View Post
    Yes, if you can find insurance cheaper outside of work, it will be allowed. The court order will only state that you are required to have coverage, it will not state a specific company to use.

    Yes, you should hire that attorney, with reciepts, she should be able to have the retro reduced. However, make sure though that it won't be a situation where the retro gets reduced by X number of $, and then you have to pay attorney the same amount. You'd come out even, the difference will be that you child won't recieve any of that money.
    Thanks, and I'm not too heavily worried about the lawyer fees because it's also a family lawyer so the rate would either be on the house or discounted. Thanks for hte information on the coverage, I'll look into getting the coverage started asap and go from there.

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