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  1. #1
    sunsneak Guest

    Lost job and cannot pay child support please help with procedure

    What is the name of your state? Florida

    Hello,

    I am a non custodial father who has lost his job about 1 1/2 months ago.

    Please help guide me so that I may protect my Florida driver's license and avoid jail time.

    It seems that these are my two potential threats in this state for NCPs who are unable to pay child support.

    I am looking for a job doing anything right now, but like many others I simply cannot find one.

    Could you please explain what I should do since I have lost my job as there seems to be lots of information out there for custodial parents on what to do, but very little on what a NCP should do in this event.

    To top it off, it looks like I will be receiving unemployment benefits.

    I have heard rumors that the child support will be removed from there.

    If that is the case I certainly will not have enough money to pay my rent and utilities so I would have to sleep out of my car almost immediately anyways.

    Furthermore I have been paying arrears of $67 per month for the entire past year since I was unemployed for a year (unable to find work then as well) The arrears are for $4000.

    I have the option of leaving the country to the UK where my current wife is from so we would not be homeless, but I would like to try and tough it out here and be close to my son. Besides staying around here to be close to my son would be redundant if I am in jail or homeless.

    Please be assured that my son is not in any financial threat at all.

    His mother makes 50% more than I did while paying support and doesnt even have to pay rent. She just bought a 2003 Jeep Liberty to illustrate things, while I drive around in a 1988 ford escort.

    Please assist in hopping through the red tape if such a thing is possible.

    By the way I have not told SED that I am not working.

    The child support recipient (payee) has indicated that she will not do anything to initiate a loss of driver's license or jail time (but)

    A) I dont like to rely on her with respect to life altering matters

    B) I have no indication to what the state would do to me without her input

    Thanks
  2. #2
    VeronicaGia is offline Senior Member
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    The first thing you need to do is file for a modification of support. If you don't even try this, you will owe what is court ordered. However, many if not all states can impute income to you based on what you were making, so a modification may not be allowed by the court, but try it.

    An excellent website for fathers: [url]www.deltabravo.net[/url]
  3. #3
    sunsneak Guest
    ok...thank you, but what about the other consequences of being a NCP who has lost his job...

    should I just go to the county jail and ask them to arrest me?

    thanks
  4. #4
    nextwife is offline Senior Member
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    Yes. Only childless people, or parents who are NOT under a CS order are allowed to become unemployed without being subject to incarceration! AND, if you take a job that you DO find that pays less than your old job so that you CAN pay something, you could end up with the court "imputing" your income and determining that, because someone paid you a certain amount previously, you should certainly be able to be employed again for at least as much, and if you accept a job for less you are "underemployed".

    Only children NOT under an order are expected to live with an adjustment in the household income if a parent becomes unemployed.
  5. #5
    VeronicaGia is offline Senior Member
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    Nice post nextwife, and so true.

    To our original poster, your best bet if you cannot afford an attorney is to go to your local bookstore and find a good book on how to represent yourself in court, including how to fill out forms. You can find forms on the internet, but you have to know how to fill them out, how to serve them properly, etc.

    No matter what, unless you file for a modification, you will get further and further behind.
  6. #6
    theother Guest
    nicely put, nextwife
  7. #7
    Lil Miss Smarty Panties Guest
    You could practically hear the sarcasm dripping to the floor couldn't you?
  8. #8
    nextwife is offline Senior Member
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    THank you both.

    Sarcasm? Moi?
    Last edited by nextwife; 06-17-2003 at 05:32 PM.
  9. #9
    Grace_Adler is offline Senior Member
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    You need to take the steps Veronica said to modify the order. You can go to the courthouse or go to [url]www.findlaw.com[/url] and get the forms you need to petition the court for a downward modification. Then you need to submit it, have it served, and get a calender date. Then you explain your situation to the judge and pray they woke up in a good mood and will grant your request.

    You may be able to call your bar associationa and get a referral to an attorney for a low consult fee. You can also try talking to a paralegal.

    As far as CSE goes, they are going to find out you are getting unemployment because the state's computers are networked together. Once they find out, they'll start collecting from your check. I think they can only take a certain percentage of it though.

    If your state is like here, and I think they are, she can beg them not to put you in jail or take your license and they aren't going to care or listen to her. They're gonna do what they want regardless.

    So, I hate to be the bearer of bad news but it looks inevitable that you are going to get behind. I don't know what else to tell you except let them take the money so you will at least be paying something and won't get further behind because those dollars add up quick. If you're lucky, maybe the judge will have mercy on you.
  10. #10
    sunsneak Guest
    well thank you all for the input...I just found out that it is probable that I will not be payed unemployment benefits....

    even though I have a high level of education and lots of experience, it usually takes months for me to obtain even the most basic job in Florida for whatever reason.....

    based on this, I guess that I have no other option but to visit the county sheriff and turn myself in or leave the US permanently with my wife and have her pay my child support until I can get on my feet again....this is disgusting!...oh and I hope that my passport is not suspended yet
    Last edited by sunsneak; 06-18-2003 at 06:59 PM.
  11. #11
    sunsneak Guest

    BIG CHANGE

    My ex says that she will waive the child support if I give her full custody of my son.

    Can this be done?
  12. #12
    Grace_Adler is offline Senior Member
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    They won't suspend it til you're $5000 in arrears but you're gettin mighty close.

    Well, going on the assumption your state is like this one, yes it can be done as long as both parties are in agreement. The kicker is, if she can show a change in circumstances later, she can have the order modified and go after child support again. She will have to forgive all the arrears before she can drop the child support.
    Last edited by Grace_Adler; 06-18-2003 at 07:47 PM.
  13. #13
    sunsneak Guest
    .....ahhh ok that brings on a slew of questions....

    if she goes after me for child support again....would I be entitled to visitation again?

    I wouldnt mind paying support as long as I could see my son

    Could I fight for custody later on when I am on my feet if I give her full rights now?

    Or will I have no chance because I am just a bla bla bla deadbeat dad?

    Thanks for all the info
  14. #14
    Grace_Adler is offline Senior Member
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    Yeah, even if you give her sole custody you still have rights to visitation, make sure it's in the court order and specified with dates and times ect.

    If you give her sole custody, chances of having it changed later are slim to none, unless you could prove her unfit or something like that. You have to really prove why it is in the child's best interest to be with you.

    Now, could she be meaning for you to terminate your parental rights..giving up support, legal and physical custody and visitation or does she still want you to have visitation just not legal or physical custody of the child?
  15. #15
    sunsneak Guest
    I think she meant parental custody...I am sure she is going for the gold on this one

    I am wondering if that could ever be turned around......

    Thanks for your comments....homelessness beats jail

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