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helpfriend
Guest
my friend lives in florida. he recently received a summons from the department of revenue, on behalf of his ex-wife, to appear in court for a hearing to continue his child support beyond the 18th birthday, until graduation from high school. the summons also states he will pay his ex-wife’s attorney’s fees and court costs.
(1) per his divorce decree, she was to keep a medical policy in force for his child. he has receipts proving he paid her approx. $800, then found out there was no policy. (2) he was paying cs direct to his ex-wife. she applied for, and received, aid for families with dependent children by falsifying the information on the application forms and saying he hadn’t paid her any support for two years. he found out about this via a summons to appear in court and pay two year‘s worth of back child support. he lost a lot of wages and had to pay attorney’s fees, but provided receipts and cancelled checks proving he did pay her. the case against him was dropped. he petitioned to pay via the clerk of the court, which was later incorporated under the department of revenue. she was supposed to be sanctioned to pay the monies back. (3) several years later, he received a letter from the d.o.r. stating he owed $400 for the monies she took. the letter was postmarked two weeks after the deadline for him to reply. letters of bad credit were sent to all 3 major credit reporting agencies and his federal tax return was red flagged for confiscation to pay the monies back. he lost more wages trying to straighten this out. the d.o.r. sent correction notices to the 3 major credit reporting agencies and removed the red flag from his federal tax return. he has copies of these letters. (4) due to bad legal advice, his ex remained in their house, he had to sign a quit claim deed, but remained on the mortgage. his divorce decree states his ex will indemnify him from any harm due to his remaining on the mortgage. she stopped making mortgage payments and he received a notice that he was being sued for foreclosure and, since his mortgage company had bought the mortgages from her company, his current house was red flagged for foreclosure to make up any deficits. more lost wages and attorney’s fees. due to a mary carter agreement between the lending institute and his ex, the claims against him were dropped. his ex declared bankruptcy.
In light of the above extra expenses and lost wages due to his ex’s actions and the actions of the d.o.r., would it be possible to file a counter suit to: (1) get the child support payments stopped on the 18th birthday. he‘s spent well in excess of the sum of the additional payments defending himself from her actions; (2) at least get the additional child support payments reduced by the amount of the above extra expenses and lost wages.
thank you for any help you can provide.
(1) per his divorce decree, she was to keep a medical policy in force for his child. he has receipts proving he paid her approx. $800, then found out there was no policy. (2) he was paying cs direct to his ex-wife. she applied for, and received, aid for families with dependent children by falsifying the information on the application forms and saying he hadn’t paid her any support for two years. he found out about this via a summons to appear in court and pay two year‘s worth of back child support. he lost a lot of wages and had to pay attorney’s fees, but provided receipts and cancelled checks proving he did pay her. the case against him was dropped. he petitioned to pay via the clerk of the court, which was later incorporated under the department of revenue. she was supposed to be sanctioned to pay the monies back. (3) several years later, he received a letter from the d.o.r. stating he owed $400 for the monies she took. the letter was postmarked two weeks after the deadline for him to reply. letters of bad credit were sent to all 3 major credit reporting agencies and his federal tax return was red flagged for confiscation to pay the monies back. he lost more wages trying to straighten this out. the d.o.r. sent correction notices to the 3 major credit reporting agencies and removed the red flag from his federal tax return. he has copies of these letters. (4) due to bad legal advice, his ex remained in their house, he had to sign a quit claim deed, but remained on the mortgage. his divorce decree states his ex will indemnify him from any harm due to his remaining on the mortgage. she stopped making mortgage payments and he received a notice that he was being sued for foreclosure and, since his mortgage company had bought the mortgages from her company, his current house was red flagged for foreclosure to make up any deficits. more lost wages and attorney’s fees. due to a mary carter agreement between the lending institute and his ex, the claims against him were dropped. his ex declared bankruptcy.
In light of the above extra expenses and lost wages due to his ex’s actions and the actions of the d.o.r., would it be possible to file a counter suit to: (1) get the child support payments stopped on the 18th birthday. he‘s spent well in excess of the sum of the additional payments defending himself from her actions; (2) at least get the additional child support payments reduced by the amount of the above extra expenses and lost wages.
thank you for any help you can provide.
