Support Question

[Kanchazi]

What is the name of your state?Florida

My wifes ex-husband modified his support payments on his on. he was paying for three kids as they turned 18 he
would pay less child support, he was also late with his payments.. My wife went to child enforcement, and when they found out he was paying less they made him pay retroactive and the state started taking the money out of his paycheck.

Now my wife has a lawsuit from him asking for all the money back plus attorneys fees, they are scheduled for mediation, if that dont work she is going to get an attorney as he has one.

My question and any feedback is can a non-custodial parent paying child support lower the payment on his own, as the children grow, or is there a procedure for that, that shloud be followed as per the law.

Thank you

 

[CourtClerk]

Ok.. here's how this works. In order to get an answer, you typically have to ask a question because the FA crystal ball went to the shop some months ago and never came back.

 

[Kanchazi]

I was editing the post thats why there was no question but but as you can see its there now

Thanks in advace

 

[Ohiogal]

The obligor must follow the court order regarding child support until said court order is modified by the court.

 

[TinkerBelleLuvr]

My wifes ex-husband modified his support payments on his on.

Now my wife has a lawsuit from him asking for all the money back plus attorneys fees

Have her stand her ground that he did NOT pay what was in the court order. Now, she can agree, if she so chooses, to waive a portion of the arreage that accrued since he didn't pay the court order.

Did the the wife notify the courts that the child/children were aging out of child support? Did the child support order have a graduated child support level? For instance, 3 children, child support is set at x; 2 children, child support set at y; 1 child, child support set at z? If so, is this the amounts he paid as they aged out? If so, in this instance, he MIGHT have bearing. But, he also failed to do anything about it.

 

[Kanchazi]

The wife went to child enforcement becuase he was paying erractly
and when she told them how much she was getting paid, they realized he modified the payment on his own. There is nothing anywhere in the divorce or courts that says anything about a downward modification as they age. He is lawyered up and they want all kinds of things, all the money the state took from him back to when two of the kids turned 18 which is like 6K and he wants my wife to pay his attorneys fees. this has been going on like 2 years now.
I cant understand how the husband could break the rules by modifying payment on his own and then ask the court for someone else to pay for him to get it back. When it was the State who took it from him.

We went to a magistrate status hearing and the case is set with him for a month after the Mediation and the Magistrate told my wife she goes first and that the burden of proof is on her, does not seem right to me when it was the ex who is not following court rules

Thank you for replys

 

[Ohiogal]

Mom as the obligee has a responsibility to let the state/court/CSEA know when the children age out. That is how. If mom was collecting CS for all the children even though 2 should have been emancipated and SHE did not inform the state she is as guilty as he is.

 

[Kanchazi]

Mon was not collecting extra money the ex was paying $862 a month and as children turned 18 he lowered on his own, the extra money came when the state made him pay the $862 retroactive. she did not keep any money silently, it was the States action now she has to defend that. Now the state is out of the case because their excuse is the remaining child is 18 and she does not have any custody any longer.

Also when she went to Child Enforcement she asked for upward modification of support which is another
issue on the table. When they got Divorced ex was making 60k he has been making 100K for past 4 years.
When all children were under 18.

 

[Gracie3787]

What is the name of your state?Florida

My wifes ex-husband modified his support payments on his on. he was paying for three kids as they turned 18 he
would pay less child support, he was also late with his payments.. My wife went to child enforcement, and when they found out he was paying less they made him pay retroactive and the state started taking the money out of his paycheck.

Now my wife has a lawsuit from him asking for all the money back plus attorneys fees, they are scheduled for mediation, if that dont work she is going to get an attorney as he has one.

My question and any feedback is can a non-custodial parent paying child support lower the payment on his own, as the children grow, or is there a procedure for that, that shloud be followed as per the law.

Thank you

Your wife's ex is almost certainly going to lose his case. Actually, your wife should have her attorney ask for reimbursement of her legal fees. In Florida when arrears are owed, they cannot and WILL NOT be reduced, or even refunded by any law abiding Judge. especially when the arrears accrued after a child (or children) aged out and neither parent filed for a modification. There is a tremondous amount of FL case law on this, and this is something my own hubby went through. Even though he didn't know that he could file at the time (ignorance of the law is NOT a legal defense), his ex admitted that she knew, but refused to file, and a CSE worker admitted in court that they simply did not do thier job, my hubby still had to pay an extra $14k in CS arrears. Your wife should appeal if the Judge does grant her ex's request, but she should not expect CSE's help in collecting because they have a tendency to give up after all children age out.

 

[Silverplum]

Your wife's ex is almost certainly going to lose his case. Actually, your wife should have her attorney ask for reimbursement of her legal fees. In Florida when arrears are owed, they cannot and WILL NOT be reduced, or even refunded by any law abiding Judge. especially when the arrears accrued after a child (or children) aged out and neither parent filed for a modification. There is a tremondous amount of FL case law on this, and this is something my own hubby went through. Even though he didn't know that he could file at the time (ignorance of the law is NOT a legal defense), his ex admitted that she knew, but refused to file, and a CSE worker admitted in court that they simply did not do thier job, my hubby still had to pay an extra $14k in CS arrears. Your wife should appeal if the Judge does grant her ex's request, but she should not expect CSE's help in collecting because they have a tendency to give up after all children age out.

That is DISGUSTING.

(Not you, Gracie, you angel. )