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Thread: Can someone please help me???? Cant pay child support!!

  1. #1
    jen78fl is offline Junior Member
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    Can someone please help me???? Cant pay child support!!

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

    Hi everyone. Im new here. I hope someone can help me because I am really stressing out here. Ok so my ex husband has primary custody of our kids. Long story short I basically got involved with a bad alcoholic , but he is not around anymore, and neither he or I ever hurt the kids in any way. He was never even around them. Anyway I only have short visitations with them on the weekend. I have no overnights as of yet. My lawyer is working on this but the hearing could be a few months away. So, my issue is child support. At our mediation, it was ordered for me to pay $425 for both of my kids per month.I had a temp job, that ended and I have been out of work for a few weeks.\I am starting a new temp job on Monday. Anyway I am barely making ends meet as it is. Well my ex husband told me today that he received a letter from the IRS stating that a letter had been mailed to me asking for the first child support payment. I have not received it as of yet. Obviously I cannot afford to pay it! So, what I need to know is what is going to happen next? Jail? Garnishment of wages?? I am also wondering if my ex chooses not to fight me on not making child support payments, which I dont know if he would or not, could I still go to jail anyway? I am in contact with my lawyer about this but I need second opinions. My ex husband knows I cannot afford these payments but refused to work out child support with me on his own and filed the paperwork for child support through the state. All my lawyer can tell me is that the only way that child support will go down is if I have overnights with the kids, but we are required to have another mediation first and the hearing for modification of custody could take months. So at this point I am at a loss for what I am supposed to do. I paid him a little for child support recently , what I could afford, and my mom sent him $400. I do not want to put this on my mom because she is already paying for my lawyer and my car payment every month! She does not have an endless source of money. I dont want to make her and my stepdad go broke! I just dont know what else to do. Can anyone please give me legal advice here? This has become a huge mess. I have talked to my ex husband about it and all he can say is oh you wont go to jail. He is very vindictive in the things he does but then acts like theres no problems... Very passive aggressive!! Anyway I appreciate any advice at all. Thank you so much for reading this!

    Jennifer
  2. #2
    Zigner is offline Senior Member
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    The IRS doesn't collect monthly child-support payments.

    Wait for the letter to come in. Talk to your attorney.
  3. #3
    Ohiogal is offline Senior Member
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    Truthfully, support your children rather than have an attorney. If your mom can afford to pay thousands (or at the very least HUNDREDS) for an attorney, you are better off asking her to pay your support. Your children need to eat.
    mmmagique and not2cleverRed like this.
    Parents should remember 3 things: Love your kids more than you hate your ex; when you have children the relationship with the other parent is until death; your children determine what type of nursing home you end up in.
    Nothing stated by me should be taken as giving you legal advice or forming an attorney/client relationship.

    Attorney-GAL in Ohio.

    I've removed the knife from my back, polished it, and will one day return it -- long after you think I have forgotten.
  4. #4
    CSO286 is offline Senior Member
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    Quite simply, your child support order is based on Florida guidelines.

    http://dor.myflorida.com/dor/childsu...uidelines.html
    http://www.flsenate.gov/Laws/Statutes/2010/61.30


    You have been out of work, but are starting a new job on Monday....Then you can resume paying your child support.

    I would fully expect the state to implement income witholding to enforce your child support order. What that means is they will order you employer to withhold the child support ordered from your wages and the employer will send it to the state disbursement unit (DOR) to be applied to your obligation. If you do not make enough for the employer to withhold the full obligation, the consumer credit protection act (CCPA) kicks in and caps the amount the employer may withhold.


    http://www.acf.hhs.gov/programs/cse/....htm#income_qa
    1. Is there a maximum amount of money that may be withheld from an employee's paycheck?

    Yes, for all income-withholdings, the upper limit on what may be withheld is based on the Federal Consumer Credit Protection Act (CCPA). The federal withholding limits for child support and alimony are based on the disposable earnings of the employee.

    The Federal CCPA limit is 50% of the disposable earnings if the employee supports a second family and 60% if the employee does not support a second family. This limit increases to 55% and 65% respectively if the employee owes arrearages that are 12 weeks or more past due.

    States may choose a lower limit. Check with your State to determine exact limits. (About two-thirds of the States use the Federal limits, and about one-third cap the withholding at 50% regardless of second families or arrearage amount.)

    If you fail to pay your child support as ordered, any and all of the following enforcment remedies can be used to encourage compliance with your order:
    •Suspend Florida driver licenses
    •Take IRS tax refunds
    •Take Florida Lottery winnings if over $600
    •Take support payments from unemployment and worker's compensation
    •Tell employers to take payments from paychecks
    •Place liens on the parent's car, boat, or other property
    •Report past due support to credit agencies
    •Place a hold and take money from bank accounts
    •Take the case to court because the parent did not do what the order says
    •Work with the court to issue a writ, also known as an arrest warrant.

    http://dor.myflorida.com/dor/childsu...forcement.html
    TheGeekess likes this.
  5. #5
    CSO286 is offline Senior Member
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    Quote Originally Posted by jen78fl View Post
    What is the name of your state (only U.S. law)? Florida

    Hi everyone. Im new here. I hope someone can help me because I am really stressing out here. Ok so my ex husband has primary custody of our kids. Long story short I basically got involved with a bad alcoholic , but he is not around anymore, and neither he or I ever hurt the kids in any way. He was never even around them. Anyway I only have short visitations with them on the weekend. I have no overnights as of yet. My lawyer is working on this but the hearing could be a few months away.
    Something more had to have happened other than you dating "a bad alcoholic" to result in such limited parenting time. What was it?


    Quote Originally Posted by jen78fl View Post
    So, my issue is child support. At our mediation, it was ordered for me to pay $425 for both of my kids per month.I had a temp job, that ended and I have been out of work for a few weeks.\I am starting a new temp job on Monday. Anyway I am barely making ends meet as it is.
    See my previous post re: support order guidelines.
    You need to do one (or more) of the following things:
    Seek additional employment
    Seek better employment
    reduce your lifestyle and other expenses


    Quote Originally Posted by jen78fl View Post
    Well my ex husband told me today that he received a letter from the IRS stating that a letter had been mailed to me asking for the first child support payment. I have not received it as of yet. Obviously I cannot afford to pay it! So, what I need to know is what is going to happen next? Jail? Garnishment of wages??
    See above, you need to do what it takes to provide for your children. Jobs can be had if one is willing to work. Maybe not in your chosen field, or at your desired price point, but there are jobs available almost everywhere.

    Quote Originally Posted by jen78fl View Post
    I am also wondering if my ex chooses not to fight me on not making child support payments, which I dont know if he would or not, could I still go to jail anyway?
    If the state is enforcing your child support order, and you continually fail to pay your support as ordered, then yes, ultimately, you could face jail time.

    Quote Originally Posted by jen78fl View Post
    I am in contact with my lawyer about this but I need second opinions. My ex husband knows I cannot afford these payments but refused to work out child support with me on his own and filed the paperwork for child support through the state.
    As was his right. There are more benefits than drawbacks to having the tsate establish and enforce a child support order. Plus, it is far cheaper than using an attorney. And if Dad is on certain types of public assistance, he may be requried to use the state services for child support.

    Follow another poster's advice: Stop paying the lawyer. Put that money in your children's tummies, not the gas tank of your lawyer's boat.

    Quote Originally Posted by jen78fl View Post
    All my lawyer can tell me is that the only way that child support will go down is if I have overnights with the kids, but we are required to have another mediation first and the hearing for modification of custody could take months.
    And you would not be able to file for a modifcation based on that until after a new custody order is issued, and you could expect it to take several months beyond that.


    Quote Originally Posted by jen78fl View Post
    So at this point I am at a loss for what I am supposed to do. I paid him a little for child support recently , what I could afford, and my mom sent him $400. I do not want to put this on my mom because she is already paying for my lawyer and my car payment every month! She does not have an endless source of money. I dont want to make her and my stepdad go broke! I just dont know what else to do.
    See my second response in this post. Most of use here have been or are currently on one side or the other when it comes to child support. We got second or third or more jobs and made sure our kids were taken care of first--custodial and non-custodial parents alike.

    How much do you owe in support as of right now? How much did you send your ex?

    Quote Originally Posted by jen78fl View Post
    Can anyone please give me legal advice here? This has become a huge mess. I have talked to my ex husband about it and all he can say is oh you wont go to jail. He is very vindictive in the things he does but then acts like theres no problems... Very passive aggressive!! Anyway I appreciate any advice at all. Thank you so much for reading this!

    Jennifer
    Legal advice: You just started back to work. Pay your child support.
    Last edited by CSO286; 08-02-2012 at 03:50 PM.
    TheGeekess likes this.
  6. #6
    stealth2 is offline Senior Member
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    I'd also suggest getting rid of the car payment if at all possible. If you absolutely need a car, pick up a junker to get to and fro.

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