Public Benefits Resulting In Support Arrearage

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06-23-2008, 04:37 PM
rachaelle26

Public Benefits Resulting In Support Arrearage

My question involves child support in the State of: FLORIDA

My friend is married to a guy who has 3 kids with this woman. 2 of the kids live with my friend and her husband, the other kid lives with the mothers father (she was suppose to originally live with the mom).My friend lost her job last year and I thought I was giving her good advice when I advised her to get on food stamps and place her child and her 2 step children on medicaid:wallbang://
BAD IDEA::: the state placed the kids mother on child support and they ordered her to find private health care for the children.She now has a warrant for her arrest and her license is suspended.
Their biological mother is in no position to place the children on private health care. SO here are my questions
1) Can the father request the child support case be closed?
2) Can the biological mother make minimum payments on the child support owed?
3)Can the mother stop the father from taking the 3rd child out of the grandparents home,(no one has custody)They are planning to move and do not want to leave the 3rd child behind.

Please reply//I feel obligated to help my friend since i came up with the dumb idea to go and get government assistance :(
06-23-2008, 05:28 PM
CourtClerk

Re: Public Benefits Resulting In Support Arrearage

Quote:

Quoting rachaelle26

1) Can the father request the child support case be closed?

No. The money owed does not belong to the father, it belongs to the State of Florida since the children are on public assistance. The only one at this point that is able to close the case is the State of Florida.

Quote:

2) Can the biological mother make minimum payments on the child support owed?

Sure. She needs to contact CSE

Quote:

3)Can the mother stop the father from taking the 3rd child out of the grandparents home,(no one has custody)They are planning to move and do not want to leave the 3rd child behind.

Someone has custody of the child, be it by court order or the mother by default. The question is who? Until that question is answered, along with whether paternity was established, etc. No one can answer that question.
06-23-2008, 06:13 PM
rachaelle26

Re: Public Benefits Resulting In Support Arrearage

Quote:

Quoting CourtClerk

Ok.. did I miss something while I was at work???

you didn't miss a thing..how do we find out who has custody by default? How does she get in contact with CSE? can she go there with out getting arrested? We are in no means trying to stop the mother from seeing any of her children regardless if she gives financial assistance or not. We just want the child to live with us because the mother is not stable.
06-23-2008, 06:36 PM
Mr. Knowitall

Re: Public Benefits Resulting In Support Arrearage

Quote:

Quoting rachaelle26

how do we find out who has custody by default?

Read the custody order.

Quote:

Quoting rachaelle26

How does she get in contact with CSE?

Start here.

Quote:

Quoting rachaelle26

can she go there with out getting arrested?

She'll find out if she goes there.

Quote:

BAD IDEA::: the state placed the kids mother on child support and they ordered her to find private health care for the children.She now has a warrant for her arrest and her license is suspended.

How is it a "bad idea" to expect a parent to support her children? You know what is a bad idea? Ignoring a support order. Odds are that the order was that she obtain any health insurance available to her at a reasonable cost, and she simply chose to ignore the order rather than documenting that none was available to her at a reasonable cost. In addition to failing to pay court-ordered support.
06-23-2008, 07:51 PM
rachaelle26

Re: Public Benefits Resulting In Support Arrearage

[QUOTE=Mr. Knowitall;219199]Read the custody order.

Start here.

She'll find out if she goes there.
How is it a "bad idea" to expect a parent to support her children? You know what is a bad idea? Ignoring a support order. Odds are that the order was that she obtain any health insurance available to her at a reasonable cost, and she simply chose to ignore the order rather than documenting that none was available to her at a reasonable cost. In addition to failing to pay court-ordered support.[/QUOTE

I AM NOT SURE WHY YOU ARE TAKING MY WORDS AND TWISTING THEM BUT HEY WHAT EVER MAKES YOU FEEL BETTER! I NEVER SAID IT WAS A BAD IDEA FOR A PARENT TO SUPPORT THEIR CHILD. I THINK IT WAS A BAD IDEA FOR HER TO GO GET GOVERMENT ASISTANCE UNTIL SHE FOUND ANOTHER JOB. NOT EVERYONE UNDERSTANDS THE LAW AS YOU DO..AND WHEN WE GO TO THE COURT HOUSE WITH HER WE NEVER SEEM TO TALK TO THE RIGHT PERSON...SHE WENT TO THE COURT HOUSE AND NO ONE EVER SAID SHE COULD DOCUMENT THAT NONE WAS AVAILABLE TO HER AT A RESONABLE COST. I CAN SEE BY SOME OF THE RESPONSES IN A LOT OF THESE THREADS THAT A LOT OF YOU PREJUDGE..
06-23-2008, 07:56 PM
Mr. Knowitall

Re: Public Benefits Resulting In Support Arrearage

Perhaps you could explain why you are so bent out of shape over the plight of the mother of your friend's stepchildren.
06-23-2008, 07:59 PM
CourtClerk

Re: Public Benefits Resulting In Support Arrearage

There is obviously a LOT more to this story than is being told here. The OP is not being as candid as she would like us to believe she is being.
06-23-2008, 08:01 PM
Baystategirl

Re: Public Benefits Resulting In Support Arrearage

Quote:

Quoting CourtClerk

There is obviously a LOT more to this story than is being told here. The OP is not being as candid as she would like us to believe she is being.

I would have to agree. Why would her friends step-children be living with the OP??:confused::rolleyes:

Quote:

We are in no means trying to stop the mother from seeing any of her children regardless if she gives financial assistance or not. We just want the child to live with us because the mother is not stable.
06-23-2008, 08:02 PM
CourtClerk

Re: Public Benefits Resulting In Support Arrearage

I caught that.
06-23-2008, 08:07 PM
rachaelle26

Re: Public Benefits Resulting In Support Arrearage

[QUOTE=Mr. Knowitall;219248]Perhaps you could explain why you are so bent out of shape over the plight of the mother of your friend's stepchildren.[/

We are both worried about it. Honestly we just dont like that she may go to jail.I mean neither of us like the fact that she doesnt do better.But she doesnt seem to know any better.She doesnt even know how to get her self out of this trouble.If she had the money she would have helped more but she doesnt, and it wasnt a big deal that she couldnt help financially until my friend lost her job.I just dont like the thought of her going to jail:(

She wants to make payments but she can only afford 60.00 a month//she can not afford health, she tried healthy kids but they said her income qualifies her for medicaid so she can not allow her to enroll with florida healthy kids.
06-23-2008, 08:17 PM
rachaelle26

Re: Public Benefits Resulting In Support Arrearage

[QUOTE=Baystategirl;219250]I would have to agree. Why would her friends step-children be living with the OP??:confused::rolley

I AM SORRY ABOUT THE CONFUSION..WE ARE NOT TRYING TO CONFUSE ANY OF YOU BECAUSE WE ARE LOOKING FOR GOOD ADVICE//THERE ARE THREE PPL HERE..MY FRIEND (SHE IS THE KIDS STEP MOTHER), HER HUSBAND (THE KIDS FATHER) AND ME (FRIEND AND OWNER OF THE COMPUTER...WE WERE GOOGLING AND FOUND THIS SITE) THE KIDS LIVE WITH THE FATHER AND STEP MOM
06-24-2008, 02:47 PM
Xena

Re: Public Benefits Resulting In Support Arrearage

[QUOTE=rachaelle26;219256]

Quote:

Quoting Mr. Knowitall

Perhaps you could explain why you are so bent out of shape over the plight of the mother of your friend's stepchildren.[/

We are both worried about it. Honestly we just dont like that she may go to jail.I mean neither of us like the fact that she doesnt do better.But she doesnt seem to know any better.She doesnt even know how to get her self out of this trouble.If she had the money she would have helped more but she doesnt, and it wasnt a big deal that she couldnt help financially until my friend lost her job.I just dont like the thought of her going to jail:(

She wants to make payments but she can only afford 60.00 a month//she can not afford health, she tried healthy kids but they said her income qualifies her for medicaid so she can not allow her to enroll with florida healthy kids.

She should contact the CSE to make arrangements for payments. As soon as she enters into an agreement with the CSE, they will give her a paper that she can take to the DMV to have her DL reinstated.

It's unusaul for a Judge to order a parent to find private insurance, so she needs to check her court order VERY closely to see if that is exactly what was ordered. Normally, a NCP will be ordered to provide insurance ONLY if it is available through work at a reasonable cost. If her order states otherwise, she should take the ordwer to an attorney for a consult. She can get a low cost consult by calling the Florida Bar Lawyer Refferal Service at 1-800-342-8011.

She can go to the local CSE office in person, she won't be arrested unless the matter has already gone to court and she has been found to be in contempt, AND the Judge issued a bench warrant for her failure to appear.
06-24-2008, 05:15 PM
rachaelle26

Re: Public Benefits Resulting In Support Arrearage

[QUOTE=Xena;219529]

Quote:

Quoting rachaelle26

She should contact the CSE to make arrangements for payments. As soon as she enters into an agreement with the CSE, they will give her a paper that she can take to the DMV to have her DL reinstated.

It's unusaul for a Judge to order a parent to find private insurance, so she needs to check her court order VERY closely to see if that is exactly what was ordered. Normally, a NCP will be ordered to provide insurance ONLY if it is available through work at a reasonable cost. If her order states otherwise, she should take the ordwer to an attorney for a consult. She can get a low cost consult by calling the Florida Bar Lawyer Refferal Service at 1-800-342-8011.

She can go to the local CSE office in person, she won't be arrested unless the matter has already gone to court and she has been found to be in contempt, AND the Judge issued a bench warrant for her failure to appear.

THANK GOD YOU REPLIED!!!! WE WERE ALL ACTUALLY HOPING YOU WOULD REPLY TO THIS THREAD, BECAUSE WE NOTICED HOW YOU RESPONDED TO OTHER QUESTIONS ON THIS SITE. WE WILL CALL THE MOTHER AND ADVISE HER OF THIS. ALSO SHE DOES HAVE A WARRANT BECAUSE SHE MOVES AROUND A LOT SO DID NOT GET THE SUMMONS TO APPEAR IN COURT. IS THERE ANYWAY FOR HER TO AVOID GOING TO JAIL? THANK YOU WE APPRECIATE YOUR ADVICE.
06-25-2008, 03:46 PM
Xena

Re: Public Benefits Resulting In Support Arrearage

Quote:

Quoting rachaelle26

ALSO SHE DOES HAVE A WARRANT BECAUSE SHE MOVES AROUND A LOT SO DID NOT GET THE SUMMONS TO APPEAR IN COURT. IS THERE ANYWAY FOR HER TO AVOID GOING TO JAIL? THANK YOU WE APPRECIATE YOUR ADVICE.

If there is already a warrant, she should still contact the CSE. IF she pays something up front, and makes an agreement with CSE, they can have the warrant canceled. However, that is something that will be totally up to the caseworker to decide.

Her other option is to go to the police or sheriff and turn herself in. She might spend a day or 2 in jail, but she would go in front of the Judge and the judge would decide what should be done.

Either way, when a NCP has a warrant for non payment/non appearance the worst thing they can do is try to ignore the problem because it will NOT go away.