Modification of child support in Florida

What is the name of your state? Florida

My husband has three children from his previous marriage and pays his child support via automatic deduction from his paycheck. He has paid his child support as ordered since his divorce. The only blip was when he was unemployed for three months and we paid as much as we could to child support, went to court, a new order was put in to increase child support to cover the three months, that was eight years ago and long ago paid off. My question is this, his agreement clearly states that support should end when the child(ren) are 18, emancipated, graduated from high school or dead, whichever comes first. The oldest is 20, in the navy, middle child turned 18 in March and the youngest is 14. We receive a statement monthly from the Department of Revenue that shows he has overpaid by approximately $10,000. He has filed all the appropriate modification papers with Child Support in Orange County where his divorce was. Will they use the overpayment as credit towards the child support obligation for the 14 year old And how long does it take from filing of papers until a final modification is entered and he can start paying less money? Thanks for any advice you can offer.

Speaking from my experiences (please don't take of this as fact)...

Well, I'm in CA, but here, he would request a review, which would then lead to a modification. You wouldn't start with the modification. Those, at least in CA - are for changes to visitation, custody, etc.

Here in CA, the support is in effect until the child is 18 and not a full-time student, or moves out or passes away, marries, or is emancipated.

He should owe nothing for the 20-year-old, and if the 18-year-old is not in high school, or in college, taking enough credits to count as full-time, then he owes nothing for that one.

It was recently ruled that my ex-wife overpaid me for child support (mainly because I couldn't find daycare receipts), and that was credited to her arrears. I would certainly think your husband will be credited for his overpayments, retro to the date his modification request was filed with the court (after the other party responded). This is interesting because you are in FL, and the divorce is in CA, so I assume he's not actually going to court each time he modifies. When we went, the judge ruled, and it was effective immediately, and actually made retro.
If he is going to court, then when he goes, I would assume the change would be made then. The court date should usually come within 3 months after the filing, if they have the ex's address.
Well, hope that helps a little.

karbourt said:

What is the name of your state? Florida

My husband has three children from his previous marriage and pays his child support via automatic deduction from his paycheck. He has paid his child support as ordered since his divorce. The only blip was when he was unemployed for three months and we paid as much as we could to child support, went to court, a new order was put in to increase child support to cover the three months, that was eight years ago and long ago paid off. My question is this, his agreement clearly states that support should end when the child(ren) are 18, emancipated, graduated from high school or dead, whichever comes first. The oldest is 20, in the navy, middle child turned 18 in March and the youngest is 14. We receive a statement monthly from the Department of Revenue that shows he has overpaid by approximately $10,000. He has filed all the appropriate modification papers with Child Support in Orange County where his divorce was. Will they use the overpayment as credit towards the child support obligation for the 14 year old And how long does it take from filing of papers until a final modification is entered and he can start paying less money? Thanks for any advice you can offer.

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When my husband did a modification in Orange Co. 4 years ago, it took 6 1/2 months from the time of filing to the final hearing. Orange Co. requires a mediation to take place after both parties have filed all papers.

A word of warning- after the modification is done the DOR likes to take up to 4 months before giving employers a new income deduction order. Soo, your hubby can get a certified copy of the modification order and take it to his employer so that the new amount will begin sooner. It works alot better than waiting for DOR to do their job.

Your hubby can file a motion asking for reimbursement of the overpayment, however I advise that you not get your hopes up too high about it. As unfair as it is, a reimbursement will most likely be denied on the basis that your hubby "should have" filed to modify at the time the arrears were paid off. Florida usually considers such overpayments to be "a gift".
Sorry to be the bearer of bad news, but maybe he will get a fair and honest hearing officer who might give him credit for the overpayment.
Good luck.
Gracie

My husband and I took our "babies" (two 6 mo. old puppies) out to do their doggie things and my husband mentioned something to me that might help your case.

Check the last order. Was a specific amount set as an amount to be paid for arrears? Like- X amount of $ for current support and X amount of $ for arrears? If it is, then it would have been the DOR's responsibility to correct the IDO after arrears were paid. That may be of help to him, I hope so.
Gracie