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  1. #1
    Join Date
    Nov 2012
    Location
    Jacksonville Beach
    Posts
    1

    Default Motion to Modify Arrears

    My question involves child support arrears in the State of Florida. In 2006, I was court ordered to pay weekly support for child that resides in WV. Without going back to court, this judgement was modified to include arrears. I was never provided a copy of this ammended judement. Since 2006, I have been paying the weekly support and arrears.

    About 8 weeks ago, I was entitled to a work bonus check that ended up being taken by the Dept of Revenue because they stated I was behind in support. I immediately questioned this and requested an audit on my account. I was informed by the DOR that an audit was not able to be performed because they did not have record of the ammended judgement. They told me to go the the clerk of courts to get a copy. I now have a certified letter from the Clerk of Courts stating that they have NO RECORD of this ammended judgement which supposedly states that I was to pay my weekly support and weekly arrears. I provided this certified letter to the DOR and they told me that I needed to file a "motion to modify arrears" to have this corrected. I was provided a copy of my payment history since 2008 (they said this is as far as their history went). Even though the DOR has payment history from 2008, and I have record from 2006-2008, the Clerk of Courts show that I still owe the same amount of arrears that I owed in 2006! Therefore, any bonus money that I earn from this point forward until this is resolved, the DOR will take!

    My question(s) are: Do I really have to go back to court to have this taken care of? I absolutely cannot afford legal counseling, can a paralegal do this paperwork? It seems that noone is willing to help me!

  2. #2
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    98,846

    Default Re: Motion to Modify Arrears

    If the administrative agency says, "We can't fix the problem, you need to go back to court," odds are they can't fix the problem themselves and you need to go back to court. Unfortunately we're not in a position to intercede on your behalf, or to investigate what's going on.

    If you can find a paralegal willing and competent to assist you with the documents you need for court, such that you can represent yourself, then you can use that paralegal to help you represent yourself. If no paralegal is willing to help you, you will either have to muddle through or retain a lawyer.

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