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florida child support new regulations

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bdogmoe7

Junior Member
What is the name of your state (only U.S. law)? florida
went to court in front of a judge magistrate 1 month ago 8/25/13 reason was to have my 20yr old son who is in the air force to be removed/modified from the child support to help me out and make it cheaper for me. but since the original papers filed in 2006 dont say anything about him dropping off when 18. i have to wait for my 13yr old to turn 18. so for the next 5 yrs i have to pay for a 20yr old who has not lived with the mother for 4 yrs and is in the air force. i know this scenario is common
question is.
when all said and done i got railroaded to pay more under a the new florida guidelines.
how is that possible? i go there to have it reduced and i end up paying more?? a lot more!!
HOW? WHY??
nobody has been able to tell me this. is there anything i can do?? stop this order?
 
Last edited:


Proserpina

Senior Member
What is the name of your state (only U.S. law)? florida
went to court in front of a judge magistrate 1 month ago 8/25/13 reason was to have my 20yr old son who is in the air force to be removed/modified from the child support to help me out and make it cheaper for me. but since the original papers filed in 2006 dont say anything about him dropping off when 18. i have to wait for my 13yr old to turn 18. so for the next 5 yrs i have to pay for a 20yr old who has not lived with the mother for 4 yrs and is in the air force. i know this scenario is common
question is.
when all said and done i got railroaded to pay more under a the new florida guidelines.
how is that possible? i go there to have it reduced and i end up paying more?? a lot more!!
HOW? WHY??
nobody has been able to tell me this. is there anything i can do?? stop this order?

Get out your actual order and read it.

It SHOULD read something like the CS obligation continues until the child is 18, finishes high school etc.

I have a feeling you're not understanding what's happened.
 

sandyclaus

Senior Member
What is the name of your state (only U.S. law)? florida
went to court in front of a judge magistrate 1 month ago 8/25/13 reason was to have my 20yr old son who is in the air force to be removed/modified from the child support to help me out and make it cheaper for me. but since the original papers filed in 2006 dont say anything about him dropping off when 18. i have to wait for my 13yr old to turn 18. so for the next 5 yrs i have to pay for a 20yr old who has not lived with the mother for 4 yrs and is in the air force. i know this scenario is common
question is.
when all said and done i got railroaded to pay more under a the new florida guidelines.
how is that possible? i go there to have it reduced and i end up paying more?? a lot more!!
HOW? WHY??
nobody has been able to tell me this. is there anything i can do?? stop this order?
Why would you be ordered to pay child support for an adult child who has exceeded the age of majority AND who has gone into the military?

What EXACTLY did this judge say about having to continue paying child support for the adult son?

Are we talking about CURRENT support, or are we talking about arrears that are yet to be paid for a period prior to this adult child's reaching the age of majority/emancipation through military service?
 

bdogmoe7

Junior Member
The original paper work says nothing about when child turns 18 or anything. Just saying for support of both children.
In the 7 yrs, yes I have gotten raises. But in the past year and a half I have made less due to less overtime. She has been paid more. We both filled out the financial sheets.
Am I behind? Yes but that is including an extra $45 a month to make up for the rears
 
The original paper work says nothing about when child turns 18 or anything. Just saying for support of both children.
In the 7 yrs, yes I have gotten raises. But in the past year and a half I have made less due to less overtime. She has been paid more. We both filled out the financial sheets.
Am I behind? Yes but that is including an extra $45 a month to make up for the rears
What exactly was the judges reason for you continuing to pay for a 20 year old?
 

bdogmoe7

Junior Member
Reason was the original order never stated an stipulations on that. That's why I went in to have it modified. To have him removed and payments lowered.
 

bdogmoe7

Junior Member
Maybe its a Florida thing but I know of others with the same thing with an older child and a younger one and still have to pay for both till the youngest is 18
 

sandyclaus

Senior Member
The original paper work says nothing about when child turns 18 or anything. Just saying for support of both children.
In the 7 yrs, yes I have gotten raises. But in the past year and a half I have made less due to less overtime. She has been paid more. We both filled out the financial sheets.
Am I behind? Yes but that is including an extra $45 a month to make up for the rears
So you DO have arrears. THOSE won't go away, no matter how old the adult child is. Even if he is removed from the current support order, that amount in arrears will continue to be due and payable, PLUS statutory interest of 4.75% per annum. If the mother ever received any kind of public assistance benefits on behalf of her child, any remaining balances will ALSO be added to your balance, plus interest.

We're still waiting to see EXACTLY what the judge said in your recent hearing to remove the 20-year-old from your support order. I suspect that you will have received that in writing. Based on what it says will determine the response and answer to your question. I don't believe for one minute that the judge would simply order you to continue paying without good reason, if that's actually what you were told.
 

ecmst12

Senior Member
However, it is ENTIRELY possible that child support for one child based on current numbers plus arrears will be more per month then both children with numbers from 7 years ago (plus arrears). You should have run the numbers before you took it back to court. They don't just reduce the amount based on one child ageing out, they completely recalculate the support order.
 

justalayman

Senior Member
=bdogmoe7;3209420]The original paper work says nothing about when child turns 18 or anything. Just saying for support of both children.
right and now there is no both


I have known people that due to increases in their income and such that their child support obligation would increase when a child ages out due to the recalculation done at that time. I cannot see a valid argument that your order, which was based on 2 children, would somehow be interpreted to mean it continued at the 2 child level until both children aged out.
 

bdogmoe7

Junior Member
sorry all i got caught up in football yesterday. i didnt look for the papers. i thought i had them with me today. will look tonight.

i was never given an explanation on why it was raised, just here it is under new guidelines and this is what it is.

it was $323 a month and went to $526. that does include the rears at only $40ish a month till caught up.

again the original paper work said nothing about when child is 18 will be dropped from support. since the original file didn't say that its till the youngest turns 18 will then they both be removed and the payments will stop.

i was just never given a reason or an explanation on why it was going up except that is was for the new FL guidelines. did the guidelines change since 2009? till now?
 

CJane

Senior Member
sorry all i got caught up in football yesterday. i didnt look for the papers. i thought i had them with me today. will look tonight.

i was never given an explanation on why it was raised, just here it is under new guidelines and this is what it is.

it was $323 a month and went to $526. that does include the rears at only $40ish a month till caught up.

again the original paper work said nothing about when child is 18 will be dropped from support. since the original file didn't say that its till the youngest turns 18 will then they both be removed and the payments will stop.

i was just never given a reason or an explanation on why it was going up except that is was for the new FL guidelines. did the guidelines change since 2009? till now?
So you're likely NOT paying for "both kids". Your obligation to ONE child now exceeds what the (7 year old) obligation was to TWO children.

The 18 year old aged out of the order. But due to new guidelines, new income levels, etc, you're still paying more/month for just one kid.
 

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