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Child Support Determination And Procedures

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  • 02-11-2008, 07:51 AM
    letsprocre8
    Child Support Determination And Procedures
    I live in Florida.

    My CS case is an administrative proceeding going through the Florida Department of Revenue.

    Can I request that my personal information remain anonymous to the custodial parent? Frankly, I don't want her to have my social security number, as I'm sure that's understandable. If I can, how to I request this to the DOR...I guess, how would I word it?

    Also, my ex doesn't have a job right now and we just received our financial affidavit and parent information forms to fill out and turn back in within 20 days. Will the minimum wage of $6.75 be imputed to her?

    And lastly, she is online posting on various nanny websites wanting to be a nanny. My fiance is a nanny and I know for a fact that most are paid under the table and they make A LOT. So I guess the question would be, how would I find out whether or not she gets a nanny job and how would I make her report her income? As I said, for now, she doens't hae a job, so by the time she turns in her financial affidavits, there shouldn't be any income on there. And I know she's doing this on purpose to get more from me.
  • 02-11-2008, 01:42 PM
    Xena
    Re: Some CS Questions:
    Quote:

    Quoting letsprocre8
    View Post
    I live in Florida.

    My CS case is an administrative proceeding going through the Florida Department of Revenue.

    Can I request that my personal information remain anonymous to the custodial parent? Frankly, I don't want her to have my social security number, as I'm sure that's understandable. If I can, how to I request this to the DOR...I guess, how would I word it?

    Also, my ex doesn't have a job right now and we just received our financial affidavit and parent information forms to fill out and turn back in within 20 days. Will the minimum wage of $6.75 be imputed to her?

    And lastly, she is online posting on various nanny websites wanting to be a nanny. My fiance is a nanny and I know for a fact that most are paid under the table and they make A LOT. So I guess the question would be, how would I find out whether or not she gets a nanny job and how would I make her report her income? As I said, for now, she doens't hae a job, so by the time she turns in her financial affidavits, there shouldn't be any income on there. And I know she's doing this on purpose to get more from me.

    The DOR *should* be keeping your personal info (address, phone no, etc) confidential. But just to make sure, mention it next time you talk to your caseworker.

    Yes, min wage should be imputed to her, usually the caseworker will do that automatically for an UNemployed parent, but again, make sure your caseworker is aware of the situation.

    You can also take your caseworker a copy of your ex's ads, and ask if a highere income can be imputed, based on the type of job ex is looking for.
  • 02-11-2008, 01:59 PM
    letsprocre8
    Re: Some CS Questions:
    Yes, I read in a Florida law/bill/statute (not sure which of those it was) that the wage imputed can be higher based upon the unemployed individual's past work history if their unemployment is voluntary (which hers is). My ex was making somewhere between $11-$13 an hour at her last place of employment. How do I request that this be taken into consideration when they impute her wage? Obviously there's a HUGE difference between miniumum wage and her earning POTENTIAL.

    Also, you keep mentioning a case worker and I have yet to meet and/or speak with anyone labeled as that. In fact, any correspondence regarding this whole situation has been through the mail, as the phone number for the Department of Revenue for some reason isn't working (I have tried ALL MONTH to call the number, and I keep getting hung up on-hence the burst in questions on here). How do I find out if I have a case worker?
    They really keep people in the dark for forcing them to deal with something as serious as this...
  • 02-11-2008, 02:04 PM
    Xena
    Re: Some CS Questions:
    Quote:

    Quoting letsprocre8
    View Post
    Yes, I read in a Florida law/bill/statute (not sure which of those it was) that the wage imputed can be higher based upon the unemployed individual's past work history if their unemployment is voluntary (which hers is). My ex was making somewhere between $11-$13 an hour at her last place of employment. How do I request that this be taken into consideration when they impute her wage? Obviously there's a HUGE difference between miniumum wage and her earning POTENTIAL.

    Also, you keep mentioning a case worker and I have yet to meet and/or speak with anyone labeled as that. In fact, any correspondence regarding this whole situation has been through the mail, as the phone number for the Department of Revenue for some reason isn't working (I have tried ALL MONTH to call the number, and I keep getting hung up on-hence the burst in questions on here). How do I find out if I have a case worker?
    They really keep people in the dark for forcing them to deal with something as serious as this...

    Do you have any proof at all of ex's last known earnings? If so, you can produce those, along with a copy of that law and request that former income be imputed.

    Are you in the state of Florida?
    If so, you'll need to go into the DOR office to speak to them face to face. If you are in another state, first try looking at all the mail you've recieved from them. It should have a caseworker's name listed on there. If there isn't, keep trying the phone number and when you do get through, make sure to ask who your caseworker is.
  • 02-13-2008, 08:45 AM
    letsprocre8
    Re: Some CS Questions:
    Hmm how could I get that proof? I know exactly where she worked, but I don't have the proof. How could I do that? Obviously I can't go to her last places of employment and ask to see her prior paystubs (although that would help).
    Would a local CSE office work? The DOR is a looonnng way away from here...
  • 02-14-2008, 02:49 PM
    Xena
    Re: Some CS Questions:
    Quote:

    Quoting letsprocre8
    View Post
    Obviously I can't go to her last places of employment and ask to see her prior paystubs (although that would help).

    Actually it might be possible. Did your ex work for any local, state or federal gov't agency? If so, the pay records will be public record.

    My hubby used to work at our county landfill, and his ex is a police officer, so both of thier pay records were public record. (came in handy when ex refused to disclose her true income, even more so when she requested his pay records, it proved that he was being honest).
  • 02-14-2008, 04:17 PM
    525601minutes
    Re: Some CS Questions:
    Quote:

    Quoting letsprocre8
    View Post
    Hmm how could I get that proof? I know exactly where she worked, but I don't have the proof. How could I do that? Obviously I can't go to her last places of employment and ask to see her prior paystubs (although that would help).

    Just FYI for readers of this thread who are in CA - here you can file a form with the courts asking for their lat two months of pay stubs and if they do not comply after 30 days you can file another form to get the information directly from their employer.
  • 02-14-2008, 06:31 PM
    Xena
    Re: Some CS Questions:
    Quote:

    Quoting 525601minutes
    View Post
    Just FYI for readers of this thread who are in CA - here you can file a form with the courts asking for their lat two months of pay stubs and if they do not comply after 30 days you can file another form to get the information directly from their employer.

    Same thing in FL. (actually, in FL the last 3 months pay stubs are required by law). However, in FL that only applies to current employment. The OP is asking how to find out what a previous employer paid.
  • 02-16-2008, 09:43 AM
    letsprocre8
    Re: Child Support Determination And Procedures
    (actually, in FL the last 3 months pay stubs are required by law).

    Actually, in my paperwork they only asked for a copy of the last paystub I received. Will they be asking for more in the future since this is only an administrative proceeding? That makes me a little nervous because as luck would have it, I have been moved to a different position within the company and it comes with a decrease in pay (came at the perfect time, huh?) :wallbang:
    How is that going to look? I mean, obviously I have a reasonable explanation for it, but I know that if they look at my last 3 months worth of paystubs and the most current one is less...

    And to respond to your other post:
    Did your ex work for any local, state or federal gov't agency?
    Nope, worked for a Check Cashing place...but I know the exact places, etc.
    Tell me what you think about this:
    I was doing a little digging and my ex is going through an Auto Negligence case through the courts here. In it, she had to put her places of employment including addresses. I know what her position was within the company, so could I just call those places and ask them what a person in that position would make?
    Or is there another option?
    I may just end up going with the nanny thing...what do you think?
  • 02-16-2008, 12:11 PM
    Xena
    Re: Child Support Determination And Procedures
    Quote:

    Quoting letsprocre8
    View Post
    (actually, in FL the last 3 months pay stubs are required by law).

    Actually, in my paperwork they only asked for a copy of the last paystub I received. Will they be asking for more in the future since this is only an administrative proceeding? That makes me a little nervous because as luck would have it, I have been moved to a different position within the company and it comes with a decrease in pay (came at the perfect time, huh?) :wallbang:
    How is that going to look? I mean, obviously I have a reasonable explanation for it, but I know that if they look at my last 3 months worth of paystubs and the most current one is less...

    And to respond to your other post:
    Did your ex work for any local, state or federal gov't agency?
    Nope, worked for a Check Cashing place...but I know the exact places, etc.
    Tell me what you think about this:
    I was doing a little digging and my ex is going through an Auto Negligence case through the courts here. In it, she had to put her places of employment including addresses. I know what her position was within the company, so could I just call those places and ask them what a person in that position would make?
    Or is there another option?
    I may just end up going with the nanny thing...what do you think?

    They should be asking, but even if they don't you can still produce your most recent paystubs.

    You can call and ask the former employer just for your own curisoity, but unless you can prove what SHE was earning, it won't do you any good.

    It sounds like going with proving what she is capable of earning as a nanny is your best option, considering that you have proof that she is looking for that type of job. Besides, I'm pretty sure that being a nanny pays more than being a clerk in a check cashing place.
  • 02-16-2008, 12:52 PM
    letsprocre8
    Re: Child Support Determination And Procedures
    Okay what about this:

    I am writing that letter to the DOR and in it I put the following:

    "I am also contacting you to request that the wage imputed to the Unemployed Custodial Parent, (Custodial Parent's Full Name), be in accordance with the last known jobs as of June 2006:

    1st Place of Employment
    Address
    Phone Number

    2nd Place of Employment
    Address
    Phone Number"

    Now, what if I put the following in addition to that:
    "I also request the Department of Revenue take into account the recent internet job postings by the Custodial Parent, (Custodial Parent's Full Name) (Please see Enclosures) to help calculate earning potential."

    What do you think? Because Florida Law states that they look over past employment and earning potential. She was making near $14/hour at that check cashing place, and being a nanny brings in a considerable amount as well, so I think it's in my best interest to bring both points to light.
  • 02-17-2008, 06:10 PM
    Xena
    Re: Child Support Determination And Procedures
    Quote:

    Quoting letsprocre8
    View Post
    Okay what about this:

    I am writing that letter to the DOR and in it I put the following:

    "I am also contacting you to request that the wage imputed to the Unemployed Custodial Parent, (Custodial Parent's Full Name), be in accordance with the last known jobs as of June 2006:

    1st Place of Employment
    Address
    Phone Number

    2nd Place of Employment
    Address
    Phone Number"

    Now, what if I put the following in addition to that:
    "I also request the Department of Revenue take into account the recent internet job postings by the Custodial Parent, (Custodial Parent's Full Name) (Please see Enclosures) to help calculate earning potential."

    What do you think? Because Florida Law states that they look over past employment and earning potential. She was making near $14/hour at that check cashing place, and being a nanny brings in a considerable amount as well, so I think it's in my best interest to bring both points to light.

    That would be helpful for you. Also be sure to print out the law regarding imputing income and attach it to the letter. Believe it or not, a CSE worker will sit up and take notice when a parent goes to the trouble to find out what the law is and points it out. (it's like they realize they have a knowledgeable parent on thier hands who's not afraid to make sure their rights and their child's rights are not ignored).
  • 02-17-2008, 06:32 PM
    letsprocre8
    Re: Child Support Determination And Procedures
    Quote:

    Quoting Xena
    View Post
    That would be helpful for you. Also be sure to print out the law regarding imputing income and attach it to the letter. Believe it or not, a CSE worker will sit up and take notice when a parent goes to the trouble to find out what the law is and points it out. (it's like they realize they have a knowledgeable parent on thier hands who's not afraid to make sure their rights and their child's rights are not ignored).

    You are so amazing-that's just the answer I was hoping for. I have been doing research on this whole process since she was pregnant, so I am DEFINITELY not the parent to lay down and let the system screw me over. It's good to know that my almost 2 years of hard work will not land on deaf ears...thanks so much!
  • 02-17-2008, 06:49 PM
    Xena
    Re: Child Support Determination And Procedures
    Quote:

    Quoting letsprocre8
    View Post
    You are so amazing-that's just the answer I was hoping for. I have been doing research on this whole process since she was pregnant, so I am DEFINITELY not the parent to lay down and let the system screw me over. It's good to know that my almost 2 years of hard work will not land on deaf ears...thanks so much!

    Thank you, it's always nice to see that I made a difference for someone.:):)
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