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  1. #1

    Default Child Support Payments Decreased

    My question involves child support in the State of: FLORIDA

    I have recently discovered that, without being notified, and as of June 2010, my child support payments have been decreased to $20 each (twice a month). They were $287.96 (twice a month to help with the arrears) -- part of it is child support and part of it is alimony.

    My son completed high school in June and I know that child support payments stop accruing once he finishes high school and/or turns 18. That's not the issue.

    The issue is that $40 a month is a ridiculous amount to pay when my ex is in arrears of $11,604.50.

    My ex has since we were divorced been willfully unemployed, willfully withheld income, and willfully withheld employment status. He is well-educated and has the potential to earn a minimum of $50,000 a year.

    He was ordered to pay child support and alimony, as well as ordered to pay for all uninsured medical, dental, and psychological costs of my son. He has not done so. I have done this without any help from him. Because I was not expected to work while we were married but to keep house and look after the children, I never learned to drive. He was ordered to pay for my driving lessons as well. I still rely on my eldest son and future daughter-in-law to pick me up and drive me to and from work. I've been unable to take lessons because I've always had to work.

    My questions:

    • Can I get an order to have my ex pay more than $40 a month since there is so much arrearage? (At this payment rate, it would take him 24 years to pay back the arrearage).
    • Instead of having my ex pay for my driving lessons, can this be applied to my youngest son (the one he's paying arrears for)?


    Thank you!
    Lucy

  2. #2
    Join Date
    Nov 2007
    Location
    Officially across the country from where I've been all my life
    Posts
    4,494

    Default Re: Child Support Payments Decreased

    There are no driving schools that accommodate your work schedule? What days/hours are you off? Are you saying you haven't found one single driving school that is available to you? I mean really, I was able to put my nephew in driving school and he went to school full time and had a part time job.

    If the money is owed to pay for your driving lessons, then that's what it's for.

    In order to have the support payments modified, there had to be a court hearing. Why didn't you appear and state your objections? If you did, what was the courts reasoning for allowing the modification so low?

  3. #3
    Join Date
    Jul 2006
    Location
    Florida
    Posts
    2,773

    Default Re: Child Support Payments Decreased

    Quote Quoting sangrecaliente18
    View Post
    My question involves child support in the State of: FLORIDA

    I have recently discovered that, without being notified, and as of June 2010, my child support payments have been decreased to $20 each (twice a month). They were $287.96 (twice a month to help with the arrears) -- part of it is child support and part of it is alimony.

    My son completed high school in June and I know that child support payments stop accruing once he finishes high school and/or turns 18. That's not the issue.

    The issue is that $40 a month is a ridiculous amount to pay when my ex is in arrears of $11,604.50.

    My ex has since we were divorced been willfully unemployed, willfully withheld income, and willfully withheld employment status. He is well-educated and has the potential to earn a minimum of $50,000 a year.

    He was ordered to pay child support and alimony, as well as ordered to pay for all uninsured medical, dental, and psychological costs of my son. He has not done so. I have done this without any help from him. Because I was not expected to work while we were married but to keep house and look after the children, I never learned to drive. He was ordered to pay for my driving lessons as well. I still rely on my eldest son and future daughter-in-law to pick me up and drive me to and from work. I've been unable to take lessons because I've always had to work.

    My questions:

    • Can I get an order to have my ex pay more than $40 a month since there is so much arrearage? (At this payment rate, it would take him 24 years to pay back the arrearage).
    • Instead of having my ex pay for my driving lessons, can this be applied to my youngest son (the one he's paying arrears for)?


    Thank you!
    Lucy


    How much of the twice monthly $287.96 was for current CS, how much for CS arrears and how much of it was for alimony?

    Is he still supposed to be paying alimony?
    If so, how much is he ordered to pay?

    For the driving lessons, you might be out of luck, the Judge ordered that to allow you to become more self sufficent, and you did not do that. You should have gone and gotten the lessens, gotten your DL and then taken ex back to court for contempt if he refused to reimburse you for the lessons. As it is, you won't have much luck with contempt on that issue.

    Is the DOR CSE enforcing your case?
    If they are, did they go to court and not notify you? (BTW- sadly, since you are the CP, CSE does not have to notify you when the order is modified or enforced in court through contempt)

    If the DOR is not enforcing your case, and this order came from ex filing and not serving you, you might be able to ask for a rehearing based on lack of service.

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