State of Florida Not Disbursing Child Support

I think i posted this on the wrong forum last night,so yes i do realize i`ve posted this in two different areas and i do apologize and hope you let tjis go thru in this corrected froum Thank you very much

State Question in Florida
My sons only receive $196.00 a month child support thats for two teenage boys,one is autistic.The father has been paying $200.00 a month (whoopie big deal) Then he got behind then sent $300.00,the state only applied $150.00,now the other $150.00 is sitting in the account.Have gone to the clerk of the court in our county(whom i might add had me in tears with her awful demeanor),have called Dept of Revenue.This is the answer-They all say there is a law that says in Florida they can hold indefinately any child support that is sent that is over the court ordered amount.No one can or will give me the statute number.They all also say that because he has sent the (whoopie big deal) $6.00 a month overage there is a surplus of $200.00 so the current $150.00 sitting there will not be disbursed any time soon.
This makes me furious and makes no sense whatsoever.My records show there are in fact no overpayments and several time there had been no full payment,therefore there cannot be an overage.

Can you please tell me the Florida statue number that states the Florida Dept of Revenue can with hold so called overages from children.I have for days scoured florida child support revenue laws and canot find one that referres to this law.
And on a previous post mentions the Florida CS services are so backed up a person cannot actually call the office where the case is handled,you are forced to call an 800 # you there is not even a way to make an appointment at the child support office which is an hour and a half drive from my home.Crazy system.
last month(on sept 12) they disbursed in one payment $56.00 of the $100.00 that was sent then,on Oct 2nd they disbursed $44.00 of the one hundred sent.On Oct 8th $300.00 was sent (catching up the one hundred from Sept.)They disbursed $150.00 the next day Oct 9th.The other $150.00 is just sitting there,and answers fron three sources say it will be held indefinately because of the above mentione so called overages.When in fact the money sitting there is past and current money due.
I am at my wits end needing this money.
How can the state of Florida actually not disburse funds that are available and in the account>and what is the law that says they can do that?Any suggestions or help you can give is appreciated more than i can say.Really upset in Florida
Oh one more thing i found out recently he is getting a healthy chunk of money from a VA disability (long story-he would rather not work and can actually make himself ill) is there any way as an ex wife that i can find out how much that is and file for a long long over due cs increase.Hea currently married witha 3yo son.estion involves child support in the State of: florida

There are several possibilities as to why they are witholding the payment.

One possibility is, as they have told you, they are showing an overpayment. The laws regarding overpayments and how the DOR is responsible to recoup that from the CP might be part of the problem. The way to solve this will be for you to go to the court clerk's office and ask for a full assessment and payment print out, and an arrearage affidavit. The clerk's records are the actual legal record of payments. Once you have that, you will be able to prove that arrears existed that are equal to, or more than they "overpayment". Once you prove that to the DOR they will be able to release the funds to you.

Another possibilty- have you ever recieved any type of public assistance? If you have, they might be considering that as reimbursement for assistance recieved.

Having dealt with the DOR for many years, my guess is that thier records are incorrect and they mistakenly show an overpayment. Unfortunately, you'll have to go to the office in person since it's so hard to talk to a "real" person on the phone.

What statutes have you read? You can find some info in chapter 61, and alot more info about the DOR in chapters 88 and 409. www.flsenate.gov/STATUTES

Thanks for replying,no public assistance.And you are correct very difficult to talk to a "real" person.The very system that is supposed to help my kids is sure messed up.
I`ll have to try the clerk of the court again,but when i did that a week ago i left the court houes in tears.The Clerk of the court said "well ya got some of the money whatch ya B****** about" Not kidding.
The records are wrong but i don`t think they want to fix them.There can`t be an overage since the CS isn`t always sent.There is a disclaimer on the Fl dept of Revenue that makes me wonder if also despite the notice if it diesn`t have something to do with it also
Child Support » Payment Information ive copied and pasted it below



Child Support Payment Information
The Wachovia Bank merger with Wells Fargo will not affect your child support payments. Services will continue as usual. If there are any changes in the future, we will let you know.

More information about this merger is available at the Wachovia Bank web site www.wachoviabank.com/merger


Thanks for your response i will look up the info you sent i don`t think i saw that.

This is for Xena-i forgot to include another question-Why in the world would the DOR consider $4.00 a month more than court ordered CS an overage?Thats just insane!
It makes no sense so eight months of $200.00 a month instead of $196.00 is whoopie big deal thats an big $32.00 more than the was court ordered.Why wouldn`t they (the DOR)just send the total amount that is sent by the father? This is insane.

Xena- You having dealings with the DOR means a lot.Always a catch 22,I have to work and its really really hard to take off from work,my kids need to eat.
Anyway,apparently the case is in a mess and no one ever bothered to let me know.
Called the 800 # was told to "write" a letter of complaint to the "Child Support" office. Trying to get Friday off to see if i can accomplish anything.Received a letter (from the Dept of Revenue-child support enforcement program))"We are unable to proceed with a review of your child support amount (my name) has withdrawn their request for a review of the child support amount or has not provided information necessary to continue". ect ect ect.Received that letter Sat Nov 1st,2008 yep this past Sat.
So i asked about that letter,(this am) was told that i had made a request ARE you Ready- made a request in June of 2007-I said i don`t remember ever making a request much less a year and five months ago.I know the support is way to low and had just wanted not to make waves so at least i would get the $196.00 a month.Its totally insane.
The fathers wife tried to find out why they won`t disburse the money they were finally able to catch up on,and they told her becuse there is some unfinished paper work (???) and the $150.00 will be held indefinately.How someone can just do nothing and a case get screwed up is just beyond my comprehension.
Unfinished paper work makes no sense because the court order has been in place for over ten years and several of thoes years i was awarded his income tax refund due to arrears.Its just beyond my compreshesion that i need this money so badly its sitting there as part of an early October $300.00 deposited when they caught up the account and they only disbursed half of it.

Why don’t you try contacting Ronda Storms (Ronda Storm is the senator who serves as the chair of children and family services in Florida) and ask her why you haven’t received the money?
storms.ronda.web@flsenate.gov

I would quote this Florida Statue found at http://laws.flrules.org/files/Ch_2008-092.pdf
61.1824
4. Furnishing any parent, upon request, timely information on the current
status of support payments under an order requiring payments to be
made by or to the parent

Tammy
www.downwithdeadbeats.com

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Quoting lovescountrymusic

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This is for Xena-i forgot to include another question-Why in the world would the DOR consider $4.00 a month more than court ordered CS an overage?Thats just insane!
It makes no sense so eight months of $200.00 a month instead of $196.00 is whoopie big deal thats an big $32.00 more than the was court ordered.Why wouldn`t they (the DOR)just send the total amount that is sent by the father? This is insane.

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It depends on what the court order states. If the order states the monthly amount is $196.00, anything paid over that is considered an overpayment. Sometimes if arrears are owed, the overpayment is credited to those. However, if the arrears have been established by a court order (like a contempt hearing order), then nothing is credited to those arrears without a court order.

Thank you tampatammy and xena.I`M just so frustrated.I cannot believe this has happened.OR why, it LOOKS like it will take forever to get it fixed/resolved..

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Quoting lovescountrymusic

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Thank you tampatammy and xena.I`M just so frustrated.I cannot believe this has happened.OR why, it LOOKS like it will take forever to get it fixed/resolved..

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The DOR and the courts move very slowly. Just keep at it, and eventually it will work out.

Please just know that you are not alone. I am fed up with the State of Florida's CSE. My daughters father owes more than 40,000 in arrears. He was picked up last year on a WRIT for 13,000 and let out on a promise to pay 1,000, which he did not pay. Since then he is MIA and now the Child Support Enforcement office tells me they cannot get another WRIT issued because they do not have a good address to serve it to. In other words if he was stopped by the police right now he wouldn't be picked up for contempt of court for not paying his support because he doesn't have a WRIT on him. They are protecting his rights but not the rights of my daughter. The whole system needs to be revamped. It doesn't seem to work in our favor. The Child Support Protection Act of 2007 is still on the table. I have it listed under thoughts for the day at www.downwithdeadbeats.com along with a link on how to show your support.

Together we can make a difference.

Tammy
www.downwithdeadbeats.com

tampatammy
The Financial Institution Data Match (FIdM) Program is used to identify accounts held by noncustodial parents who owe overdue child support. A financial institution includes any bank, federal or state credit union, insurer, safe deposit company or money market mutual fund authorized to business in Pennsylvania. Once identified, these accounts may be subject to "freezing" and "seizing" by the county Domestic Relations Section (DRS).

for some unexplainable reason my CS has been applied and is on the EPPICard.I checked yesterday just for the heck of it and there is was.No explaination-after being told "theres an indefinate hold on it" you`ll have to jump thru our hoops to get it< my words.So my kids get winter jackets YYEEEAAHH!!
I`m going to have my mother tell you something later-they should be able to find your daughters father- i think they are way to short handed and not very well trained anymore

Where that above says Pennsylvania i had found that for my brother but it stands in most all the states. <the uniform law<
He moved to Fl from Penn.and his bank account was frozen last week after missing five months of child support($2000.00) due to the fact construction came to a stand still in Florida.He had his rent in the bank from an IRA he cashed in and his ex and the uniform law didn`t give him a chance to catch the support up