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  1. #1

    Default Request to Produce from Attorney

    My question involves child support in the State of: Florida
    I have been divorced for 9 years now and have paid child support through the state of FL all this time. I gave permission for my two minor children to move to GA with their mother at that time. Big Mistake! Child support was taken out every month.
    When my daughter turned 18 and I might add living in Florida with me and my wife of her own free will. I thought the state would auto stop the deductions. NOT! She is now 22 and they still take it out. I have filed for modification and a mediator has finally set some visitation for my minor son. I had not seen him in 2 years because he is always to busy or some such crap to come to Florida.
    I have been out of a job now with the economy the way it is most people are having a hard time. I am working at finding a permanent position. I am currently on unemployment so no money is being taken out. Now she says I am in arrears for about $7,000. How could I pay for two children all that time and still owe money?

    Now I have received a request to produce financial documents regarding a civil procedure. Is she going to sue me? She has an attorney by the way but I can't afford one. Go figure.

  2. #2
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    Default Re: Request to Produce from Attorney

    Quote Quoting Thomas A Schaad
    View Post
    My question involves child support in the State of: Florida
    I have been divorced for 9 years now and have paid child support through the state of FL all this time. I gave permission for my two minor children to move to GA with their mother at that time. Big Mistake! Child support was taken out every month.
    When my daughter turned 18 and I might add living in Florida with me and my wife of her own free will. I thought the state would auto stop the deductions. NOT! She is now 22 and they still take it out. I have filed for modification and a mediator has finally set some visitation for my minor son. I had not seen him in 2 years because he is always to busy or some such crap to come to Florida.
    I have been out of a job now with the economy the way it is most people are having a hard time. I am working at finding a permanent position. I am currently on unemployment so no money is being taken out. Now she says I am in arrears for about $7,000. How could I pay for two children all that time and still owe money?

    Now I have received a request to produce financial documents regarding a civil procedure. Is she going to sue me? She has an attorney by the way but I can't afford one. Go figure.
    Did you file for a modification of just visitation, or did you also file for a CS modification?

    I have no idea why your UE isn't being garnished, but it should be. The law requires that they garnish the CS, or up to 30% of UE. Unless you are paying on your own, yes you would owe some arrears for non payment since your job loss.

    If you filed for a modification of the CS, ask that it be ordered retro back to the filing date. You'll still owe some arrears, but it would be only for the new amount if the retro is granted.

    You've recieved a request to produce because certian financial disclosures are required by law for any modification.

    BTW- Nothing is ever changed automatically, when your eldest turned 18 you should have filed for a modification. Until the order is modified, the garnishment reamins the same regardless of the circumstances.

  3. #3

    Default Re: Request to Produce from Attorney

    I wasn't aware the UE should be garnished. Yes I filed for modification of CS also, however, we were unable to come to an agreement regarding the money even with a mediator. I don't even know what to do now.


    Quote Quoting Xena
    View Post
    Did you file for a modification of just visitation, or did you also file for a CS modification?

    I have no idea why your UE isn't being garnished, but it should be. The law requires that they garnish the CS, or up to 30% of UE. Unless you are paying on your own, yes you would owe some arrears for non payment since your job loss.

    If you filed for a modification of the CS, ask that it be ordered retro back to the filing date. You'll still owe some arrears, but it would be only for the new amount if the retro is granted.

    You've recieved a request to produce because certian financial disclosures are required by law for any modification.

    BTW- Nothing is ever changed automatically, when your eldest turned 18 you should have filed for a modification. Until the order is modified, the garnishment reamins the same regardless of the circumstances.

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