My question involves child support in the State of: Florida

In July 08' child support ordered myself to a DNA test for an alleged child of mine. Tests came back positive. (not a problem)

In October 08' I attended a requested child support hearing at the local office in regards to establishing monetary amounts. My lawyer was present. Arrears were to the amount of 5600 and payments were to be 300. Arrears were to be paid at 10% of monthly amount added on, Totaling to 330.00 a month. The CP agreed.

In January of 09, CSE and the Dpt of Tresury intercepted my tax refund of 4700.

When i asked the local CSE office why, they informed me that it was to pay off/towards the arrears.

595.00 was to go to the state for her past use of public assistance and the balance to her.

I advised my lawyer of this and he did not see it to be right.

In May of 09, my lawyer and I went to court. The CP was present. The judge said that the case was an administrative case and could not be heard by her, and that we would have to petition the state to transfer it to the court system.

In June 09, we petitioned the state and they agreed to let it be moved to the court system.

June 09, We went to court, Myself, My lawyer,and my ex the CP.
During court it was shown to the judge and state's attorney, that written in lay books and the CSE / Treasury that they are allowed to intercept your income, tax refunds,lotto winnings, ect if you are delinquent in payments for child support.

From the time the child is born, to the time child support is established and agreed upon you have accrued your arrears. HOWEVER since you were not obligated to pay at that time they cannot be considered delinquent.

The judge agreed, as did the state attorney. Also the CP agreed.

The judge ordered the state to return my tax return within 20 days. And that my tax refunds are not to be intercepted unless for delinquent amounts owed.

The Florida CSE did not apply or file for an appeal.

Florida CSE did not return my money within 20 days.

September 09' FL CSE issued the refund to the CP less the 595.00 for past use of public assistance/tannif.

October 09' i visited the local office and asked them to explain how this had happened and what will be done. They said that it was set in the computer to be returned to me, but some one had override it and had it sent to my ex.

I was told that i would be refunded the money and would have it shortly.
Within that week, 2 days to be exact they sent me a check for the full amount.

My ex then received a letter explaining that since they "over paid" her that they will be garnishing what i send her by 25% till the 4000.00 is paid off.


She and i are great friends. Never had any issues and her Husband and i get along well. Same as for my better half.

We went to close the case and get CSE out of the picture so her new husband could adopt the child easer. We were told what papers to fill out and sign and they were sent in to the state. The state reviewed the case and said that the case could not be closed.

Since she now owes them, and i am required to make weekly payments, as long as i make my payments the state will take 25% from them to pay off her "dept"

Now in Jan 10' i filed my tax return and once again it has been taken by the state. This time for 5500.00

The state says that the money will be held for 180 days encase of a possible appeal by an injured spouse claim.

I advised them that i filed as head of house hold and single. They then said that the computer has it set as "on hold"

It has been 190 days now, the state CSE says that it is on hold and that the court order does not apply to them when i or my ex calls in.

I am currently waiting on another court case.

How can this go on, what if anything can i do but pay out to lawyers while the state has my money and makes interest on it?

I would just say give it to her since she would give it to me but they will just eat 25% off the top.

Is there anything i can do?

ADAM

P.S. Thank you for any advise or help.