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  1. #1
    Join Date
    Jan 2010
    Posts
    3

    Default Child Support Arrearage Possibly Wiped Out

    My question involves child support in the State of: Florida

    After 8 years of not being able to obtain my ex-spouse to pay child support per our divorce agreement, I filed with the State of Florida Dept of Child Support Enforcement. His arrearage amount is substantial. They started to garnish his wages within 3 weeks of my filing. I filed an affadavit which was notorized and immediately put into place.

    Once they started to garnish wages my ex began child support modification procedures. His attorney requested a change of venue since we were in a different county then where the order was originally filed. My attorney agreed.

    The new venue requires an adjudication signed by the judge to put into place the old arrearage amount from the previous county. I did not know that and never filed one.

    My ex's attorney called our local clerk of couts child support division and asked to see a copy of the adjudication. Once he was told there was not one, he immediately took steps to wipe out all of the arrearage amounts due. Now it appears that my ex owes nothing from the arrearage. I did not know any of this because it is all done behind the scenes. You have to ask for a case history in order to see what is going on with your child support account on a local level. I learned something here to.

    I found all this out when we went to mediation on child support modification. After mediation I went over to our local State of Florida Child support enforcement office and they were the ones that told me about the adjudication. They also said they cannot wipe out arrearage just like that. It can be reinstated once the adjudication is done.

    I then called the 800 # for the State of Florida Child Support who said that arrearage can be wiped out if the judge orders it. I am confused and worried.

    What is the adjudication process in Florida? Can a Judge dismiss arrearage in child support?? Once the adjudication is done will the arrearage be reinstated?

  2. #2
    Join Date
    Sep 2009
    Location
    Minneapolis/St. Paul area
    Posts
    497

    Default Re: Child Support Arrearage

    What is your lawyer telling you, and what is s/he doing??

  3. #3
    Join Date
    Jan 2010
    Posts
    3

    Default Re: Child Support Arrearage

    I had to change lawyers because the one I had before was not doing a thing. The new lawyer just went to mediation with me and needless to say was surprised to see that arrearage in child support was removed, credited back to my ex. He is asking for a continuance this Monday so he can learn the case and figure this all out.

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

    Default Re: Child Support Arrearage

    Quote Quoting asflorida
    View Post
    I had to change lawyers because the one I had before was not doing a thing. The new lawyer just went to mediation with me and needless to say was surprised to see that arrearage in child support was removed, credited back to my ex. He is asking for a continuance this Monday so he can learn the case and figure this all out.
    Hopefully, your new attorney will know that a CS arrerage CANNOT be erased unless the CP (you) agree to it.
    The DOR CSE knows that. However, there have been times where a caseworker has mistakenly entered a zero balance in the computer. Your attorney will be able to make sure that the DOR corrects thier records.

    Just out of curiosity, what does the court clerk's office show?
    By law, the clerk's office must keep a record of assessments, payments and any arrears owed. You can go to the clerk's office and ask for a full assessment and payment printout and you can ask for an arrearage affidavit. It's possible that they will show the arrears balance, unless the DOR has instructed them to change the balance. In that case, it should show up in your court file as a "DOR authorzation".

  5. #5
    Join Date
    Jan 2010
    Posts
    3

    Default Re: Child Support Arrearage

    yes, the DOR has the right arrearage amount. The local clerk of courts has the wiped out adjustments. It seems that when the attorneys agreed to change venues from one county to the other, the new county (that I am in) required an adjudication procedure which my old attorney never filed.

    My ex's attorney asked for this paperwork, once the clerk of courts saw there was not one on file, my ex's attorney asked the clerk of courts to wipe out the amount as being incorrect. When I went to mediation, my ex's attorney handed my new attorney the case history from the clerk of courts of the current county and showed us the amounts being wiped out.

    I was shocked, saddened and every other emotion that goes with it. My new attorney filed a continuance on Friday, but it is kinda late since we have court on Monday (tomorrow) so we have to go in front of the judge anyway and ask for the continuance in person.

    Thank you so much for your thread, I have been worrying all weekend that there is a possibility that arrearage can be wiped out. I called the DOR on Friday and one of the clerks said that if the judge ordered it, an arrearage can be wiped out, yet the DOR local office said it could not. That is why I was asking the question.

    I am also dealing with medical bills my ex will not split with me for the kids, college expenses, health premiums, etc.. He wants to change it all in a new modification procedure as well. The last 9 years he has not paid for anything even though I have repeatedly asked him for it. His attorney is saying if I did not ask for it in writing that I am out of luck. My divorce paperwork has all the stipulations for the children on it. So I am not sure how much will be eventually changed.

    again, thank you Xena

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