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child support in arrears/modification

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W

waiting in PA

Guest
What is the name of your state? PA

Child support stopped 1997.Filed for support arrears thru Family Court in PA 2001,modification shortly after. EX lives in Florida.Divorce was in Miami,so Miami Family Court is ping ponging forms to PA Family Court to be filled for 3 years without a first court date. EX moved to panhandle of Florida since this started in 2001.My question is why is Miami giving us the runaround?Shouldn't PA be the RULING COURT?Now I'm told by free advice lawyers we should be in the panhandle Family Court?Child just turned 18,can SHE file a claim against the EX in PA under the URISA ACT?We are looking for college expense money here!
HELP!
 


VeronicaGia

Senior Member
waiting in PA said:
What is the name of your state? PA

Child support stopped 1997.Filed for support arrears thru Family Court in PA 2001,modification shortly after. EX lives in Florida.Divorce was in Miami,so Miami Family Court is ping ponging forms to PA Family Court to be filled for 3 years without a first court date. EX moved to panhandle of Florida since this started in 2001.My question is why is Miami giving us the runaround?Shouldn't PA be the RULING COURT?Now I'm told by free advice lawyers we should be in the panhandle Family Court?Child just turned 18,can SHE file a claim against the EX in PA under the URISA ACT?We are looking for college expense money here!
HELP!
Please try to rephrase your post. Why was support stopped, who stopped it, the court or did the obligor just stop paying?

No, PA will not be the ruling court since the NCP still lives in FL. FL will continue to control the order as long as one party still lives there.

Child cannot file for support, support is to reimburse the CP for costs associated with raising the child.
 
W

waiting in PA

Guest
Thanks for the response.
To rephrase, the EX husband paying the support stopped in 1997 and said I'll see you in FL court!
I question how far back the modification will go, started in PA 2001 where mother and child reside?
Will interest be paid on prior arrears?Modification too?
Why did a family court layer in PA say the Uniform Interstate
Reciprocal Support Act filed in Family Court in PA, by the dependant child at 18, can extend support through the college years ,if the CHILD resides in PA and files a claim against the father in PA?
How does FL Family Court control this situation,and how do you get the ball rolling?
EX moved from MIAMI where divorce decree took place ,to panhandle in FL,do we need to be in THAT Family Court System?
 
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VeronicaGia

Senior Member
First off, you never should have involved PA, PA is enforcing the FL order. FL will retain jurisdiction in this case no matter what.

You need to file any modification in the court that currently controls the order. If you change it again to yet another court all you're doing is getting too many cooks in the kitchen and you'll likely never see a dime.

A court order will only be modified back to the date of filing the Order to Show Cause. It will not be retroactive. But if there is a current court order he is not paying, he still owes that money. You should ask the court how to go about getting a judgement for that money he owes you.

The child cannot, at the age of 18, ask for child support, or at any other age for that matter. Child support is intended to reimburse the CP for funds used when raising the child. PA does not allow college support (Case Law - Bonita Vs. Kline), and doesn't control the order anyway. Check here to see if FL will allow the CP to file for college support once the child is emancipated:

http://ocse3.acf.dhhs.gov/ext/irg/sps/selectastate.cfm

Click on FL.
 
W

waiting in PA

Guest
Thanks again for the help (URL)
The site says emancipation at 18 in FL,unless physically or mentally dependant,OR if the court says it should continue thru college?
No age limitation and vague description of COURT SAY SO is there for support thru college?Would this default in support by EX for7 years be a favorible continuing of support thru college?
 

VeronicaGia

Senior Member
waiting in PA said:
Thanks again for the help (URL)
The site says emancipation at 18 in FL,unless physically or mentally dependant,OR if the court says it should continue thru college?
No age limitation and vague description of COURT SAY SO is there for support thru college?Would this default in support by EX for7 years be a favorible continuing of support thru college?
I'm going to venture a guess here, but it is only a guess. Since you were married, if your divorce papers say nothing of support possibly continuing to include college, I doubt te court will order it now, but one never knows. Do your papers state an age of emancipation or say anything about support through college? Usually, in states where college support is ordered, it is in divorce papers, but not always.

If the ex isn't paying currents support, what is the point in asking for support for an adult? Just more fighting in court over something you'll likely never see.
 
W

waiting in PA

Guest
Thanks again for the reply

The divorce states support through age 18 unless married,dies or is emancipated.
College is not written into the divorce,but neither was a change of increased financial circumstances which the modification is addressing in Family Court FL,currently.College is a change in financial circumstances also,shouldn't a delinquent parent be held by a judge as partly responsible for this change in finances?Especially if the delinquent party receives a FL government employee check each month?
 

VeronicaGia

Senior Member
Change in financial circumstances while a child is in fact a child is a matter of family court. Most states have review periods written into law to account for increases in salary of one or both parents. The law doesn't take the childs change in financial circumstances into consideration, it takes the financial circumstances of the parents into consideration.

However, if your court order says what you wrote, I doubt you will able to modify the court order to include college. The child will no longer be a child in the eyes of the law once the child is at least 18 years old and has graduated high school. Once the child is 18 and has graduated high school, the child will be emancipated by law and the court order.

The adult child will be of age to be able to work, finance his or her own college through student loans or grants, etc. The adult child will be able to buy a house, join the military, get married without consent, etc., and is in fact an adult.

In summary, IMHO, court ordering divorced or never married parents to pay for college or to pay for an adult child is ludicrous, especially since there is nothing forcing those in an intact relationship to do the same. Once a child is an adult by law, the buck should stop, the child should have alreadly learned enough skills to become relatively independent.
 
W

waiting in PA

Guest
I was shocked today to see on the FL Family Court public records a posting of the Modification requesting to be extended .Not sure how long this will take or for what the attempt is worth, but its in the FL court FINALLY.
If we as adults are required to co-sign on her student loans as a dependant student, and have to suppliment with PLUS loans by the Federal Government in OUR name ,wouldn't this responsibility have to be a SHARED dependant responsibility with the EX husband?
 

VeronicaGia

Senior Member
waiting in PA said:
I was shocked today to see on the FL Family Court public records a posting of the Modification requesting to be extended .Not sure how long this will take or for what the attempt is worth, but its in the FL court FINALLY.
If we as adults are required to co-sign on her student loans as a dependant student, and have to suppliment with PLUS loans by the Federal Government in OUR name ,wouldn't this responsibility have to be a SHARED dependant responsibility with the EX husband?
You are only required to co sign if you are still claiming the adult as a dependent on your tax return. If you or your ex do not claim the adult child as a dependent, you will not have to co-sign.
 
W

waiting in PA

Guest
The dependent status will continue thru college on CP's Federal and State tax returns,as the education contribution has tax consequences,and the child cannot afford fulltime student status and unaffordable INDEPENDANT full time employment status at the same time.
How does this DEPENDANCY differ in the courts for financial support from EX spouse?
At the FL Statues (URL) you gave me, there is a question stating that if the child does NOT emancipate support will continue beyond age 18 to college.
How does a child NOT EMANCIPATE in a court of law?
 
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