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  1. #1
    Join Date
    Mar 2016
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    12

    Default Can a Court Abate Child Support Even if the Petitioner Owes Arrears

    My question involves a child custody case from the State of: Florida

    I had three kids with my ex one of whom is now over 18yrs old. The other two are 16 and 12, after she was deemed by the court to be an unfit parent our divorce decree was modified and i was awarded full custody of the kids in addition she would onlybe allowed liberal visitation if i agreed to it. Now my 16 yr old decided to run away cause he felt things were better living with his mother and the 12 yr old still remain with me. The child was instructed to return home and he refused so i filed a police report. Due to his age i was adivsed he can choose to live with her eventhough our custody papers said i had to agree to her seeing the kids. Its been over 6mths and the child is still living with his mom. The mom has now filled a motion to abate CS garnishment on SSI disability base on the fact the 16 yr old lives with her. However she owes me almost 12k in back child support. Is this legal and will the court rule in her favor to abate her obligations. Also she is disabled , an active drug user, has no communication with her kids until the 16 yr old ran away. Since he has been living there she has been in the hospital 3 times and rehab once are any of these factors to not grant her order

  2. #2
    Join Date
    Apr 2009
    Location
    Somewhere near Canada
    Posts
    35,894

    Default Re: Motion to Abate Cs Garnishment

    If she's on SSI, the state cannot collect from her. Yes, she can file for an abatement. Yes, she can request that owed support is offset by the amount that you'd be paying her.

    Tell me, why are you still allowing your child to live with an active drug user? You didn't bother to call CPS about this? You left your child there?

    (No, none of those factors matter as far as HER obligation is concerned - but it's rather telling that you're here talking about child support vs the "fact" that your child is living with an active drug user)

  3. #3
    Join Date
    Mar 2016
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    12

    Default Re: Motion to Abate Cs Garnishment

    Yes CPS, a private attorney, and the police was notified and they all gave me the same answer that he is allowed to choose who he wants to live with. Even though there was an open investigation on her and her lifestyle CPS still said unless we can prove it the way they did when they raided her home its nothug they can do. In addition why would i have to pay her child support now when she isnt the custodian parent.

    In addition our only correspondent has been thru phone or her attorney. So for the past 11 years i never knew where she lived. Even when the grandparents or aunt would visit rhey would not give any infomation as to their address. So when the 16 yr old the aunt gave him the info without my knowledge and he took a bus and went. Eventhough now the realize their mistake and have been a part of this investigation we are still being told no to her address and was told we would have to drive 6 hours to the city we know she lives in and file a police report and see if they can locate her. Its hard when she has nothing registered in her name.

  4. #4
    Join Date
    Apr 2009
    Location
    Somewhere near Canada
    Posts
    35,894

    Default Re: Motion to Abate Cs Garnishment

    Quote Quoting 305259
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    Yes CPS, a private attorney, and the police was notified and they all gave me the same answer that he is allowed to choose who he wants to live with.
    I find that incredibly difficult to believe given that it's completely contrary to the law.

    Even though there was an open investigation on her and her lifestyle CPS still said unless we can prove it the way they did when they raided her home its nothug they can do. In addition why would i have to pay her child support now when she isnt the custodian parent.
    She is the custodial parent of the child who lives with her. Obviously. Perhaps not on paper but that's a very easy remedy.



    In addition our only correspondent has been thru phone or her attorney. So for the past 11 years i never knew where she lived. Even when the grandparents or aunt would visit rhey would not give any infomation as to their address. So when the 16 yr old the aunt gave him the info without my knowledge and he took a bus and went. Eventhough now the realize their mistake and have been a part of this investigation we are still being told no to her address and was told we would have to drive 6 hours to the city we know she lives in and file a police report and see if they can locate her. Its hard when she has nothing registered in her name.
    You need an attorney. A different attorney from the one who told you your child could choose where he wants to live.

  5. #5
    Join Date
    Jan 2006
    Posts
    38,867

    Default Re: Motion to Abate Cs Garnishment

    actually, this is what the law says in regard to a child choosing where to live:

    (3) For purposes of establishing or modifying parental responsibility and creating, developing, approving, or modifying a parenting plan, including a time-sharing schedule, which governs each parent’s relationship with his or her minor child and the relationship between each parent with regard to his or her minor child, the best interest of the child shall be the primary consideration. A determination of parental responsibility, a parenting plan, or a time-sharing schedule may not be modified without a showing of a substantial, material, and unanticipated change in circumstances and a determination that the modification is in the best interests of the child. Determination of the best interests of the child shall be made by evaluating all of the factors affecting the welfare and interests of the particular minor child and the circumstances of that family, including, but not limited to:

    (i) The reasonable preference of the child, if the court deems the child to be of sufficient intelligence, understanding, and experience to express a preference.
    there are myriad factors other than the child's choice as well. Take note; the child does not get to choose. The child is allowed to express a preference which will be considered. If their choice is not determined to be in the best interest of the child, a court can and should not comply with the child's preference. Given the facts as you state them, it is highly unlikely a court would agree it is in the child's best interest to live with the mother.


    a court can compel those in the know to reveal her location


    but wait; if she filed a court action, she would have listed her address. Otherwise you or the court would have no means to deliver notices and responses to her filings and inform her of dates and such.


    As dogmatique stated, it's time for a different attorney.

  6. #6
    Join Date
    Mar 2016
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    12

    Default Re: Motion to Abate Cs Garnishment

    Dominique i am starting to think you have only read some of what i typed. She is not the custodial parent, I am. The kids were awarded to me over 12 yrs ago by a judge and it is documented as such on file. So legally the child should not be around her but we cant locate her address and her family will not help cause they know it will cause her to be in jail.

    Thanks jk. The address that has been listed is either a p.o box or her attorny address. In the past she has used her mothers address or an attorney in all correspondance. It is clearly not in his best interest to be around her but kids are always wantig to be with the parent that allows them to behave as if they are adults. His mom or fmaily had no issue if he skipped school, didnt attend school, smoked, etc because they all didnt complete school themselves but in my household it is a different set of rules. When kids want to have things there way they will say or do anything. I jave tried to explain to all three of them their mothers situation and why things are. I have even taken them to counselling but as a child he just cant understand what we tried to avoid him seeing. I dont want my child to see his mother in her current state as she is but right now its benefical to her so she alows him to do as he wants so he will stay. aAll of this has been provided to the CPS worker and they didnt even care.

  7. #7
    Join Date
    Jan 2006
    Posts
    38,867

    Default Re: Motion to Abate Cs Garnishment

    Quote Quoting 305259
    View Post
    Dominique i am starting to think you have only read some of what i typed. She is not the custodial parent, I am. The kids were awarded to me over 12 yrs ago by a judge and it is documented as such on file. So legally the child should not be around her but we cant locate her address and her family will not help cause they know it will cause her to be in jail.

    Thanks jk. The address that has been listed is either a p.o box or her attorny address. In the past she has used her mothers address or an attorney in all correspondance. It is clearly not in his best interest to be around her but kids are always wantig to be with the parent that allows them to behave as if they are adults. His mom or fmaily had no issue if he skipped school, didnt attend school, smoked, etc because they all didnt complete school themselves but in my household it is a different set of rules. When kids want to have things there way they will say or do anything. I jave tried to explain to all three of them their mothers situation and why things are. I have even taken them to counselling but as a child he just cant understand what we tried to avoid him seeing. I dont want my child to see his mother in her current state as she is but right now its benefical to her so she alows him to do as he wants so he will stay. aAll of this has been provided to the CPS worker and they didnt even care.
    im starting to think you haven't read what DOGMATIQUE has posted. She said the mother is the custodial parent at the moment, not as the legally assigned custodial parent but is factually. The legal issue can be changed and you not taking action to return the boy home gives the mother an upper hand in seeking to change the legal custodian

  8. #8
    Join Date
    Mar 2016
    Posts
    12

    Default Re: Motion to Abate Cs Garnishment

    His mother has convinced him he could emancipate his self no matter how much i tell her and him it doesnt work like that for a child that has so many behavior and education issues. I am hoping when we go to court the judge will inform her of the custody arrangement and that she shouldnt be around the kids and allow her to send him home.

  9. #9
    Join Date
    Jun 2014
    Posts
    3,212

    Default Re: Motion to Abate Cs Garnishment

    How long ago did the 16 yr old run away ?

  10. #10
    Join Date
    Mar 2016
    Posts
    12

    Default Re: Motion to Abate Cs Garnishment

    How do you know i havnt taken legal action to have him returned?. Attorney, CPS, Police reports arent those methods of legal actions?. Domique never said she is the custodial parent for the moment. Read it again. I read what i saw, i didnt add anything more or remove it and i think thats what you are doing.

    6months

    He has been with her for 6mths

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