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Can I sue the Florida Dept. Revenue for wrongful determination of child support?

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GoodSingleDad

Junior Member
What is the name of your state (only U.S. law)? Florida

Some background: I am a single dad who won custody of my two daughters in 2009. Mother was ordered to pay child support based on her low part-time income even though she had a teaching degree and could have worked full-time making more than double her part-time pay. In 2014, the mother finally took the teaching job but tried to hide it because she knew the increase would result in her paying more support. When I finally found out, I asked FL DOR to do a review and after 9 weeks they sent us both a letter stating (obviously) that her support will be increased and by how much. Of course, the mother objected which caused the case to go before the open "cattle" court. When our case finally came up, the mother cried and carried on about how poor she is and gained the sympathy of the child support hearing officer, whom took it upon himself to run a few fudged scenarios on his laptop and ignore the department's review, even though no one had requested him to do so. He came up with several wildly varying support scenarios, ranging from a large increase to a decrease. The judge then denied the increase based on "lack of supporting evidence for a modification."

Now the mother is suing for a decrease based on one of these fudged scenarios. My concern is she may get it because my experience has been the courts are biased against men especially when it comes to matters of money. MY daughters are both in their teens now and the costs to support them have skyrocketed. The mother just does not want to support her children.

In my mind, FLDOR is clearly responsible for this debacle for allowing the officer to ignore their own review and now allowing the mother to think she can get out of supporting our children.
Can FLDOR be sued for the amount of support my children will lose from now until they are 18 because of reckless and wrongful determination of support?

Any help would be greatly appreciated.
 
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Zigner

Senior Member, Non-Attorney
What is the name of your state (only U.S. law)? Florida

Some background: I am a single dad who won custody of my two daughters in 2009. Mother was ordered to pay child support based on her low part-time income even though she had a teaching degree and could have worked full-time making more than double her part-time pay. In 2014, the mother finally took the teaching job but tried to hide it because she knew the increase would result in her paying more support. When I finally found out, I asked FL DOR to do a review and after 9 weeks they sent us with a later stating (obviously) that her support will be increased. Of course, the mother objected which caused the case to go before the open "cattle" court. When our case finally came up, the mother cried and carried on about how poor she is and gained the sympathy of the child support hearing officer, whom took it upon himself to run a few fudged scenarios on his laptop and ignore the department's review, even though no one had requested him to do so. He came up with several wildly varying support scenarios, ranging from a large increase to a decrease. The judge then denied the increase based on "lack of supporting evidence for a modification."

Now the mother is suing for a decrease based on one of these fudged scenarios. My concern is she may get it because my experience has been the courts are biased against men especially when it comes to matters of money. MY daughters are both in their teens now and the costs to support them have skyrocketed. The mother just does not want to support her children.

In my mind, FLDOR is clearly responsible for this debacle for allowing the officer to ignore their own review and now allowing the mother to think she can get out supporting our children.
Can FLDOR be sued for the amount of support my children will lose from now until they are 18 because of reckless and wrongful determination of support?

Any help would be greatly appreciated.

No. It sounds to me like you don't have very good legal counsel. I suggest finding a different attorney.
 

GoodSingleDad

Junior Member
No. It sounds to me like you don't have very good legal counsel. I suggest finding a different attorney.
I didn't have ANY attorney other than the one FL DOR Child support enforcement assigned. I mean, I just asked for the review. They reviewed it and and came up with the increase. They hired the attorney to set up the court documents and procedures when the mother objected. Then their own officer did what he did in court. There was no explanation and no one spoke up but me. It was a joke and a sad excuse for a court, I've never seen anything quite like it before. Seriously, FLDOR is not not responsible for their own reviews??
 

Zigner

Senior Member, Non-Attorney
I didn't have ANY attorney other than the one FL DOR Child support enforcement assigned. I mean, I just asked for the review. They reviewed it and and came up with the increase. They hired the attorney to set up the court documents and procedures when the mother objected. Then their own officer did what he did in court. There was no explanation and no one spoke up but me. It was a joke and a sad excuse for a court, I've never seen anything quite like it before. Seriously, FLDOR is not not responsible for their own reviews??
In other words, you didn't have an attorney, which means you represented yourself, which means that you were your own attorney. As I said, it sounds like you didn't have a good attorney. You will want to find a better one.
 

GoodSingleDad

Junior Member
In other words, you didn't have an attorney, which means you represented yourself, which means that you were your own attorney. As I said, it sounds like you didn't have a good attorney. You will want to find a better one.
You do not know how to read. You also obviously do not know how FL DOR Child Support Services works in Florida. Please stop answering if you are not going to help.
 
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Zigner

Senior Member, Non-Attorney
You do not know how to read. You also obviously do not know how FL DOR Child Support Services works in Florida. Please stop answering if you are not going to help.
I can read just fine. You can't accept the fact that you screwed the pooch on this one. I'd tell you to go pay an attorney to listen to your tantrum, but you'd just hire yourself and cause some sort of feedback loop that would eventually cause your head to explode, and I don't want to have that on my hands.
 
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Silverplum

Senior Member
You do not know how to read. You also obviously do not know how FL DOR Child Support Services works in Florida. Please stop answering if you are not going to help.
So, should I post this anyway, even though you were all angrified by the time I returned to post it?

http://www.floridabar.org/tfb/tfbetopin.nsf/SearchView/ETHICS,+OPINION+11-1!OpenDocument&Click= The first two lines read, "Lawyers employed by the State Attorney’s Office assigned to represent the Florida Department of Revenue in child support cases represent the department, not individual parents, and owe no duty of confidentiality or loyalty to the individual parents. The lawyer must comply with rules on dealing with unrepresented persons in dealing with the parents."

In other words, the lawyer you think was yours was not. Feel free to apologize to Zigner and to the forum for your nasty attitude. :cool:

http://myfloridalegal.com/pages.nsf/Main/F33243FEC3E04A6E85256CCB006D06B7
 
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GoodSingleDad

Junior Member
I can read just fine. You can't accept the fact that you screwed the pooch on this one. I'd tell you to go pay an attorney to listen to your tantrum, but you'd just hire yourself and cause some sort of feedback loop that would eventually cause your head to explode, and I don't want to have that on my hands.
FL DOR hired an attorney to represent my interests. I did not self-represent. If you knew anything about FL law maybe you'd know that is the case.
 
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Proserpina

Senior Member
I didn't have ANY attorney other than the one FL DOR Child support enforcement assigned. I mean, I just asked for the review. They reviewed it and and came up with the increase. They hired the attorney to set up the court documents and procedures when the mother objected. Then their own officer did what he did in court. There was no explanation and no one spoke up but me. It was a joke and a sad excuse for a court, I've never seen anything quite like it before. Seriously, FLDOR is not not responsible for their own reviews??

You have no case.

Period.

Even if.

Okay? Okay. Good.
 

GoodSingleDad

Junior Member
You should all feel very proud of yourselves. People come on seeking real help for real problems and all you do is flame them and don't even address the issue. Get a better attorney. Wow, thats precious. Oh boy that must make you feel big.
Yes I know I guess I screwed the pooch again coming on an anonymous internet site seeking real help. My apologies indeed. Now go carry on with your worthless little lives.
 

Silverplum

Senior Member
You should all feel very proud of yourselves. People come on seeking real help for real problems and all you do is flame them and don't even address the issue. Get a better attorney. Wow, thats precious. Oh boy that must make you feel big.
Yes I know I guess I screwed the pooch again coming on an anonymous internet site seeking real help. My apologies indeed. Now go carry on with your worthless little lives.
Post #7.

Do I need to bold the key words for you? Or can you read and comprehend that you were 100% wrong? And then you would, as a gentleman, apologize for your torrent of abusive language. :cool:
 
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