Unfair Assessment of Child Support Arrears

My question involves child support in the State of: Florida


I was divorced in 1998 in Duval County Florida and was ordered to pay child support for two children. Not long after the divorce my ex-wife re-married and moved to North Carolina, then to Akron, OH, and then back to North Carolina. I eventually moved to Kentucky but during all the moves by my ex-wife, child support payments were routed to Florida, then Ohio, then to North Carolina. Eventually, the payments went from just Florida to North Carolina. Around 2004 I had some back child support owed and my income deduction order was modified to pay the regular amount plus the arrears owed. This went on for three years, paying the additional owed amount through deduction and tax refund intercepts. In 2007 I was advised that the back support obligation had been met and payments would go back to the regular support payment.

This information was confirmed from North Carolina and Florida child support enforcement agencies. Not long after this occurred, my ex-wife asked for a review of the case by Florida after she told me that I still owed 20,000 in arrears. It should be noted that my ex never officially moved the case to North Carolina, which is why multiple states stayed involved. After the review was complete, I was notified by the Duval County Child Support Office that I did indeed still owe back support in the amount of 20,000, which was insane, seeing how I had been making payments since before the divorce was ever finalized. I was told that there was some calculation errors made during the time frame when support payments were going through Florida, Ohio, and North Carolina. I consulted an attorney in KY and was advised that it would cost me roughly 10,000 dollars to fight the new arrears battle. I could not afford that amount at the time, so I had to suck it up and keep paying more arrears payments for the next seven years. Here is where the saga gets more interesting.

I am all for paying my part for my children, which I did. I also struggled tremendously to pay my part but I did it even through all the years when my ex would make it difficult to see the children. Now 2014 has come and my oldest son has turned 18 and is about to graduate high school. I contacted the state of Florida and advised them of the situation and wanted to make sure that support would be modified once my oldest graduated high school. At that time I was informed that my divorce decree did not have a per child stipulation and that I would have to continue to pay the full amount ordered for two children until my second oldest child emancipated at the age of 18. This would take effect in November 2014.

First of all, I had never heard of a clause in a divorce decree that stated all children would have to emancipate before the original ordered amount of support would end. It did not read that way in my final dissolution of marriage and my original divorce attorney never explained anything about it during mediation in 1998. However, I did not fight it, sucked it up, and continued to pay the full amount until November 2014, and just as I was advised by Florida, the support ended, and I had a zero balance showing through Florida and North Carolina. Now, my focus was on helping my children directly when they needed something, not having to send it to my ex-wife.

As an after Christmas surprise, I get a call from my ex-wife at the end of January 2015. She is angry and asked me why I did not inform her that child support payments had stopped in November. I advise her of what Florida told me and that support stopped when my second oldest turned 18. Needless to say, my ex contacts Florida and asks for a review.

At the end of February 2015 I receive a notice from Florida, advising that I was $3500 in arrears, and that my DL would be suspended if payment arrangements were not made, etc. I also received another letter advising that a new deduction order was being sent to my employer and that original ordered support payments would start coming out of my paychecks again until the month my son would graduate high school. I retained an attorney and had to pay him $1000 just to make sure my DL would not get suspended and to try and fight paying the 3500 arrears. The attorney is successful in making sure my DL stays active and advises me that I will need to pay him an additional 5,000 to set up a hearing and travel to Florida to fight the arrears.

Again, I did not have that much extra money due to the fact that I was also taking care of my family in KY and the amount was more than the arrears owed. I sucked it up again and made all the support payments until the end if June 2015, when my son graduated high school. By this time I had also received another letter from Florida, advising that a new deduction order was going to be sent to my employer to continue taking payments out of my checks until the arrears were paid. Funny thing is, around this same time frame my ex tells me that if she would have never called Florida again, then the child support case would have closed. It was only re-opened because she requested the review. I was told this same thing by Florida. My ex also tells me that she really did not need the extra money by that point and could get the arrears removed from the record so the case would finally be closed for good.

She never called Florida and Florida never sent the new deduction order to my employer, so I figured it must have been dropped anyway. I never received any further communication from Florida. In the afternoon of November 10, 2015 I notice that all of my banking accounts show a zero available balance and I am thinking that the bank must be having some technical issues, so I wait until this morning, November 11 to see if the balances are still showing zero. To my surprise they are and I call customer service. CS tells me that a hold has been placed on all my funds by FL Child Support Enforcement and that it is an indefinite hold. Unfortunately, it is a holiday for government offices and bank branches, so now I am without any money, and have to anticipate that my paycheck on Friday will be direct deposited and I will not have access to it to pay bills, buy groceries, etc.

There is so much more that I did not add to this novel because I would need a publisher if I did. I am hoping that Florida just wants me to contact them and set up payment arrangements, and then they will release the bank funds, even though I have not received any notifications from Florida since the notice that a new income deduction order was going to my employer back in June. I do not feel that I should be liable for the 3500 dollars at this point. I have helped my boys directly since support stopped and they are both working two jobs. My ex still allows them to live at home but makes them pay for food and all of their own bills. I think it is BS that now I will be made to pay the 3500 directly to my ex, who will use it for a trip or for her 12 year old son that she has with her husband!

What do you think? Has anyone experienced a similar circumstance? I read all kinds of stories about dead beat dads, etc, but I have always done my best to take care of my kids and my obligation to support them, and I know there are many other Fathers out there that have done the same, but still seem to get beat up by the system! It always seems that examples are made of the majority based on the few that don't care and skip out on taking care of their children!

The thing is, what Mom does with the money is up to her. I know it stings that she's using it to go on vacation but that is her right.

Now it's not entirely clear in that block o' text whether or not you were in arrears before your son emancipated - so did you owe arrears? Where does your arrearage originate?

I don't think his child is emancipated... or was emancipated when support stopped. He stopped paying when the child turned 18 but he should have continued paying until high school graduation.

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At the end of February 2015 I receive a notice from Florida, advising that I was $3500 in arrears, and that my DL would be suspended if payment arrangements were not made, etc. I also received another letter advising that a new deduction order was being sent to my employer and that original ordered support payments would start coming out of my paychecks again until the month my son would graduate high school.

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So he was in arrears $3500 due to not paying in November, December, January and February. He also had to continue paying through June if that is when his son graduated.

So in answer to what do I think? I think he failed to follow the law and this came back and bit him in the butt because he owes probably $7k plus interest. And I wouldn't advise him to waste his money on an attorney to fly to Florida -- is the attorney even LICENSED in Florida? I would advise him to pay the arrears he owes.

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Quoting Ohiogal

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I don't think his child is emancipated... or was emancipated when support stopped. He stopped paying when the child turned 18 but he should have continued paying until high school graduation.



So he was in arrears $3500 due to not paying in November, December, January and February. He also had to continue paying through June if that is when his son graduated.

So in answer to what do I think? I think he failed to follow the law and this came back and bit him in the butt because he owes probably $7k plus interest. And I wouldn't advise him to waste his money on an attorney to fly to Florida -- is the attorney even LICENSED in Florida? I would advise him to pay the arrears he owes.

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Bless you for reading through that :D

He also seems to think since the money was not being deducted from his pay that he did not owe it. Which as we know is not true. He should have been paying it himself directly to CSEA. He chose not to do so.

Once your arrears is fully paid I would spend that 5 grand and make sure the order is fulfilled and closed.

20/20 hindsight IMO