How to Get a Court to Nullify Back Child Support

My question involves child support in the State of: FL
My ex husband and I have 3 children together, ages 10, 11, and 14. We have been divorced for 4 years, very amicably. Our divorce was very agreeable and we did not have any dispute over custody or child support. Based on our income and the amount of time the children spent with each parent (4 days with me and 3 days with him) the court ordered that he would pay me $440 per month and we would split all other expenses involving the children until either our income changed or the children reached 18. Last year I was diagnosed with a chronic illness and could not take care of the children and my recovery at the same time. We agreed they would live with him full time for one year. However, his job requires him to work nights, instead of leaving them alone every evening or hiring a babysitter we agreed that in lieu of him continuing to pay child support and in lieu of going to courts to report the changes in fear that they would ask me to pay child support, which I was unable to- I was not working- I would pick the kids up from school 5 days a week at 3:20 PM and spend the evenings with them at his house until he got home around 12:30-1:00 AM. I would also spend Saturdays from 3pm until 1:00 or 2:00 AM. I would continue to buy food for them and help in any way I could. My question is, since we never went to court and had the CS changed, he owes from last October to now- is there a way to nullify what he owes? I now have custody of the kids full time since August 1st. He has now moved across the state to live in his mothers house and go to school full time- We would like to re-calibrate the CS and we are concerned as to what the ramifications will be since we never alerted the courts of the previous changes or the new ones. I'm looking for any advice on how to deal with this with out needing a lawyer, or at least to know if this is something we absolutely need a lawyer for. Thanks!!!!

there is no underlying obligation to report changes to the court unless your order specifically says so, the onus is on him to file a motion.

the only real exception would be if one or the other was collecting public benefits either for the children or collecting benefits such as food stamps which offset how much income is counted based on the child support he is supposed to be paying.

If the child support was court ordered only the court can change it. There is no way to nullify the arrears
You need to file a Modification Of Child Support if you don't want the arrears to continue mounting up and you want to change the amount the court has previously ordered. It is possible that the arrears could prevent him.from getting his IRS tax refund. They will take what is owed and send it to you until what is owed is paid in full.

http://www.flcourts.org/resources-an...p-information/

You can forgive the arrears, if you have received no state aid for the children (the State is not going to forgive arrears).

BooRennie said:
09-29-2015 11:31 PM
Re: How Can I Petition the Court to Nullify Back Child Support for My Ex Husband
http://www.flcourts.org/resources-an...p-information/

You can forgive the arrears, if you have received no state aid for the children (the State is not going to forgive arrears).


Please elaborate, I do recieve Medicaid and food stamps, not much but some, and i have been reporting that he is obligated to pay me every month, i haven't stated whether he has or not, but we recieve LESS in Medicaid coverage and food stamps because they calculate the child support as income for me, so what arrears would the state need to forgive? They paid less than they would have if i had reported that he wasn't paying. I don't want to get him in trouble for not paying and I certainly don't want any trouble for not reporting that he wasn't paying. Honestly, I didn't report it because i didn't want him to have legal issues when I was sick and needed his help. Please any advice is greatly appreciated. Thank you.

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Quoting Anad Susejed-samoht

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BooRennie said:
09-29-2015 11:31 PM
Re: How Can I Petition the Court to Nullify Back Child Support for My Ex Husband
http://www.flcourts.org/resources-an...p-information/

You can forgive the arrears, if you have received no state aid for the children (the State is not going to forgive arrears).


Please elaborate, I do recieve Medicaid and food stamps, not much but some, and i have been reporting that he is obligated to pay me every month, i haven't stated whether he has or not, but we recieve LESS in Medicaid coverage and food stamps because they calculate the child support as income for me, so what arrears would the state need to forgive? They paid less than they would have if i had reported that he wasn't paying. I don't want to get him in trouble for not paying and I certainly don't want any trouble for not reporting that he wasn't paying. Honestly, I didn't report it because i didn't want him to have legal issues when I was sick and needed his help. Please any advice is greatly appreciated. Thank you.

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Are you saying that he pays you directly, rather than paying you through the state? If that is the case, then you should be ok. If not, please explain how you would normally get his child support.

Did you report it when the children started living with him ? If not that is an overpayment for your food stamps.

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Quoting llworking

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Are you saying that he pays you directly, rather than paying you through the state? If that is the case, then you should be ok. If not, please explain how you would normally get his child support.

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If that were the case, there wouldn't be a record of arrears with the court unless she filed a motion to collect unpaid support.

Anad, what normally happens in this type of case is that the court issues a garnishment order to collect the payor's support from his wages, the money is forwarded to a child support agency, and the agency pays a portion of the support to the state as reimbursement for the public assistance it provides then remits the balance to the payee. What you have been told is that you, as payee, can forgive the child support that your ex- owes to you, but any amount that is owed to the state will be collected by the state.

If in fact all of the money he pays comes to you, one solution that would allow you to avoid court would be for him to pay you, and for you to return the money to him. There may be some administrative fees that apply, but state child support agency fees are usually very low.

He is court ordered to pay me through the state, that's why i was asking how can i get the state to nullify the part due child support, we were sharing custody for the last year, as in the kids were living in his house full time but i was there with them 5 days of the week, overnight, while he worked. All of the food stamps were spent on the kids and all the food was at their house. We weren't trying to scam anything, we just didn't want to deal with the courts anymore and what started out as a very temporary situation, turned into a year quick. My cancer is in remission and i have the children back with me full time. I'm just afraid how to approach this legal issue and trying to help him from being penalized. Thank you for all the input.

But the children weren't living with you, they were living with him. You will have an overpayment in food stamps for the months that they lived with.him. You will either have to pay the food stamps back or they will deduct a percentage from your monthly allolment. You will.be ineligible for a few months for food stamps because you didn't report that they aren't living with you.