Bio Dad trying to get child support lowered.

[angeleque73]

What is the name of your state? Florida

My son's father is trying to get his child support lowered. Right now he is paying $90 a week. The reason is, his current support is $50 a week and the other $40 the judge ordered for back support. Is there any way he is going to be able to do this?

 

[nicetryadmin]

What is the name of your state? Florida

My son's father is trying to get his child support lowered. Right now he is paying $90 a week. The reason is, his current support is $50 a week and the other $40 the judge ordered for back support. Is there any way he is going to be able to do this?

An additional 40 bucks PER WEEK?? If that's the case, I would appeal it too.

 

[Momto1yrold]

My daughters father had it changed without going to court (family clerk or cs clerk said he could call up and etc etc). Magistrate ordered him to pay extra $50 a wk He ended up paying an extra $75 a week because he took it upon himself to not send any payments to the Unit like the magistrate told him. So the caseworker sent an IE for the higher amount. Then he had it lowered to an extra $20 a week (lower than the amount the magistrate stated in court to pay towards arrears). I have no idea how it works exactly.

 

[stealth2]

An additional 40 bucks PER WEEK?? If that's the case, I would appeal it too.

I think it would really depend on how far in arrears he is.

 

[Gracie3787]

What is the name of your state? Florida

My son's father is trying to get his child support lowered. Right now he is paying $90 a week. The reason is, his current support is $50 a week and the other $40 the judge ordered for back support. Is there any way he is going to be able to do this?

He may not be able to succeed in getting the on-going support lowered, however, if he gets in front of a decent Judge, the arrears payment will most likely be lowered.

In Florida, arrears payments are supposed to be set at only a fraction ( 10-20%) of what the on-going support is. Your ex's on-going CS of $50.00 a week tells me that he (and you) have very low incomes. In reality, the arrears payment should be $15 to $20 a week. So be prepared for the arrears payment to be lowered and budget accordingly. You can also ask about getting his IRS refunds intercepted.

 

[angeleque73]

He may not be able to succeed in getting the on-going support lowered, however, if he gets in front of a decent Judge, the arrears payment will most likely be lowered.

In Florida, arrears payments are supposed to be set at only a fraction ( 10-20%) of what the on-going support is. Your ex's on-going CS of $50.00 a week tells me that he (and you) have very low incomes. In reality, the arrears payment should be $15 to $20 a week. So be prepared for the arrears payment to be lowered and budget accordingly. You can also ask about getting his IRS refunds intercepted.

His IRS refunds are already being redflagged, but he says he isn't going to file until after we go to court.

 

[angeleque73]

An additional 40 bucks PER WEEK?? If that's the case, I would appeal it too.

The judge asked him if he could pay an extra $40 a week when we went to court back in August '05. He said he could do that. Now all of a sudden he doesn't want to.

 

[Gracie3787]

His IRS refunds are already being redflagged, but he says he isn't going to file until after we go to court.

It doesn't matter whether he files before or after going to court. If CSE has already sent a notice of offset, you'll get the refund when he does file. If he decides to do something stupid like not file, he can be found in contempt for that. I know it's hard, but be patient, you will get the refund.

 

[nicetryadmin]

I think it would really depend on how far in arrears he is.

Reason I asked that was because of the limits re: the percentage allowed to be tacked on to pay the arrearage. But since the OP has already answered and stated the ex agreed to the amount, then my question is now moot.

OP...obviously your ex thinks that at 18, it all stops. But you should really be face reality that you're probably never gonna see all that money. I can't even begin to imagine the interest on that.