Overpaid Child Support, Incarceration and Arrears

My question involves child support in the State of: FLORIDA

I have been doing some research on child support and find out that when I was divorced in 1994 that the LAW REQUIRED US( BOTH PARENTS) TO FILE A MOTION WHEN CHILD TURNS 18. I didnt know this until about 2 days ago. BUT, I also found a NEW LAW FOR CHILD SUPPORT which was sign by GOV. CRIST in 2010 that the STATE OF FLORIDA is to take care of that. Both of my children ARE of age in have been for quite sometime, and Im still paying child support like if the they were under 18. I do have ARREARS, My daughter has been 18 since 2008 and my son since 2009. Since I came home from prison in 2008 and was working 3 weeks later I havent missed a paidment. My DRIVER LIS. have been SUSPENDED but because I have ARREARS. THE STATE OF FL. WONT RELEASE MY D.L. I want to know WHY the STATE OF FLORIDA hasnt appiled the NEW LAW to my CHILD SUPPORT CASE and them DECEASING MY CHILD SUPPORT PAIDMENT, and gave me a CREDIT for over paying my child support??????. I went to prison for DRIVING ON SUSPENED DRIVER LIS. I served 1 year and a day. I have a motion in the courts now for them to ABATED while I was INCARCERATED. I go to court soon on that, BUT HOW DO I GET TO THE JUDGE TO HAVE THE STATE RECAULATE MY CHILD SUPPORT SINCE 2008 AND 2009 IN APPLY IT TO MY ARREARS. ??????


Thank you for your time.

You're asking if you can file to modify retroactively?

That's really just not likely to happen.

No, When I go to court on the ABATED. Ask the judge then?

Okay before we go any further are you CURRENTLY incarcerated?

No, been home since 2008

Then I'm confused.

You can file to stop the CURRENT obligation, absolutely.

But I can't find anything in the legislature which allows the court to apply a retroactive modification/abatement that you're describing.


Click here

Plus, Federal law prohibits the retroactive modification of arrears.

i dont mean to confuse you.

What Im asking is it alright to ask the judge when I go to court on the ABATED MOTION, to also consider the RETOACTIVLEY without having to file another motion.

Im not wanting the ARREARS modify, Im wanting the STATE OF FLORIDA TO RECAULATE MY PAIDMENTS FROM WHEN MY DAUGHTER TURN 18 IN 2008. Then with the NEW amount apply that to the SUPPORT UNTIL MY SON TURNED 18 2009. Then with that AMOUNT there should be a BALANCE then APPLY THAT BALANCE TO THE ARREARS. UNDER THE "NEW LAW OF CHILD SUPPORT" THAT WAS SIGNED IN 2010 THE STATE OF FLORIDA SHOULD OF DONE THIS, BUT THEY HAVE NOT.

STOP YELLING AT US.

(for one thing)

And secondly, please, show me what you're talking about.

Which law? I showed you the FL legislature.

Im not yelling, I forgot that the caps where on.

And I just don't think you're understanding this at all :(