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JIMRODRIGUEZ

Junior Member
What is the name of your state? Florida. Here is my situation. I owe the ex-wife back child support. It is taken out of my check every pay period. She has legal custody of my daughter. However, my daughter has been living with me since april, 2005. She will be graduating now in may 2006 and she is 18 years old since Jan. 2006. Now, using the Florida guidelines for child support, the ex-wife now owes me more than i owe her. She accepts that my daughter now lives with me and will continue to live with me. She is willing to pay the difference she now owes me. My question is the following: How do I stop them for continuing to take child support from me and how do I legally get child support from her. We do not have an amicable relationship, but she does accept that she owes me child support dating back to april 2005, so how to I go about all of this? Please, help, I need advice.
 


Ohiogal

Queen Bee
JIMRODRIGUEZ said:
What is the name of your state? Florida. Here is my situation. I owe the ex-wife back child support. It is taken out of my check every pay period. She has legal custody of my daughter. However, my daughter has been living with me since april, 2005. She will be graduating now in may 2006 and she is 18 years old since Jan. 2006. Now, using the Florida guidelines for child support, the ex-wife now owes me more than i owe her. She accepts that my daughter now lives with me and will continue to live with me. She is willing to pay the difference she now owes me. My question is the following: How do I stop them for continuing to take child support from me and how do I legally get child support from her. We do not have an amicable relationship, but she does accept that she owes me child support dating back to april 2005, so how to I go about all of this? Please, help, I need advice.
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Has custody changed legally to you? no. Then you have a problem. Custody should have been changed and you should have filed support when your daughter came to live with you. At this point you are not going to get anything.
 

LdiJ

Senior Member
JIMRODRIGUEZ said:
What is the name of your state? Florida. Here is my situation. I owe the ex-wife back child support. It is taken out of my check every pay period. She has legal custody of my daughter. However, my daughter has been living with me since april, 2005. She will be graduating now in may 2006 and she is 18 years old since Jan. 2006. Now, using the Florida guidelines for child support, the ex-wife now owes me more than i owe her. She accepts that my daughter now lives with me and will continue to live with me. She is willing to pay the difference she now owes me. My question is the following: How do I stop them for continuing to take child support from me and how do I legally get child support from her. We do not have an amicable relationship, but she does accept that she owes me child support dating back to april 2005, so how to I go about all of this? Please, help, I need advice.
You need to file to terminate child support. You should have done it when the child came to live with you. Get moving on it now.

As far as the rest....you probably messed up there. Now that the child is 18 you probably can't legally petition for child support.

However, your ex could forgive the official arrearages if she chose to do so, and could voluntarily pay you child support and the difference in what she would have owed you from 4/05 forward.
 

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