Support arrears

[Kanchazi]

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What is the name of your state? fl
Will a judge return money that a non custodial parent modified on his own
as his children turned 18. When child enforcement found out that the parent modified the payment without going to the court they made him pay all the arrears and then garnished his wages for the full amount even though 2 of the 3 kids were already 18.
Now he is suing custodial parent for all that money back when he still has no modification
from the court yet. Would a judge reward him with the money back when he tried to circumvent the Courts ?

Thanks in advance
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[BL]

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What is the name of your state? fl
Will a judge return money that a non custodial parent modified on his own
as his children turned 18. When child enforcement found out that the parent modified the payment without going to the court they made him pay all the arrears and then garnished his wages for the full amount even though 2 of the 3 kids were already 18.
Now he is suing custodial parent for all that money back when he still has no modification
from the court yet. Would a judge reward him with the money back when he tried to circumvent the Courts ?

Thanks in advance
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Are you saying there was a CS order for XXX amount and the NCP decided on their own to modify it downward or upward ??

That's not legal . If they were marked for CS payments they should still be applied toward the child support amount .

Apparently you got behind ( arrears ) .

Ask for an audit , do the math .

 

[fairisfair]

uh hold on. . . .
are you talking about the amount that was paid for the children who had reached a majority age???

Does Florida require the CP to notify of termination due to emancipation?

I don't feel like looking it up because I am naughty and crabby today.

But if they do, then there is surely a chance that the NCP might receive some of those monies back.

 

[Silverplum]

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What is the name of your state? fl
Will a judge return money that a non custodial parent modified on his own
as his children turned 18. When child enforcement found out that the parent modified the payment without going to the court they made him pay all the arrears and then garnished his wages for the full amount even though 2 of the 3 kids were already 18.
Now he is suing custodial parent for all that money back when he still has no modification
from the court yet. Would a judge reward him with the money back when he tried to circumvent the Courts ?

Thanks in advance
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Regarding the sentence I bolded above, I don't agree. I don't think Dad necessarily CIRCUMVENTED the Court. I think that's way too strong for this situation.

Circumventing the Court, IMO, is more along the lines of NEVER paying CS, or paying just enough to stay out of jail, or to kidnap your child/ren and keep them from the other parent.

This parent paid his CS, and stupidly thought he was done when the kid/s turned 18. Huh. How very silly of him. He didn't realize he had to officially modify.

But his obligation was met. In full. And then he was punished by CSE, and forced to pay money he never should have had to pay. Money he did not ethically owe.

The JUDGE is going to be more interested in the law, and perhaps in ethics. CSE is not into ethics. They are into collecting money.

I see the injustice in Mom collecting money not due her, legally or ethically. Yes, technically the order was not modified and so he owed it. But she was far more unethical than he.

 

[Kanchazi]

Mom went to CSE to get the CS payments automactly withdrawn from NCP check since he was paying late always. When CSE realized he modified CS on his own as far back as
a year and a half they made him pay all of it back to when he modified it. Mom was sent money thru state, and since she also had an upward modification pending sher figured
he would end up owing her the money anyway. Tomorrow is Mediation and wanted to know about the issue of him getting money back he modified on his own?

Thanks for Replys

 

[ldkuhns]

What you need is an emancipation date for the kids that turned 18. Then possibly he could recoup the monies. If there is not emancipation filed for, it goes on. If the order was through CSE, CSE will not allow a case to be modified unless it is through their office. The mother would have had to withdraw the case from CSE in order for either party to modify on their own. Been there, done that!