Help w/Florida Child Support

[gatorfan1]

What is the name of your state (only U.S. law)? Florida


I need help regarding Florida's Child Support system. My ex-wife took me to court in May 2005 for more child support. She drug it out for two and a half years and finally had it settled in Feb. 2008. Of course I had arrears for the entire time it was in court of nearly $10,000.

The child support and the arrears is taken from my pay check every month, with $100 per month going to the arrears. The IRS held my stimulus check, 2008 tax return and VA check totaling $9650. Adding that to what I have paid for nearly the last two years from my pay checks......I have paid off my arrears and then some.

However, the child support office is still withholding arrears out of my pay check each month. Every time I go speak to them, I get a different story. They say they are showing that I am still in arrears. BUT, they sent me a$900 refund check from my last year's tax return. If I am still in arrears, why did they cut me a check? I went to the court house to request an audit of my account and they told me that arrears & monthly child support are one account but the child support office says they are separate.

How do I get this straightened out? I have a copy of the court order stating how much my arrears were and how much is to be withheld from my paycheck every month to go to arrears. I have a printout from the courthouse showing every payment that has come out for the past two years proving that I have overpaid into the arrears. What else do I have to show to the child support office and will I get a refund on what I have over paid?

Thanks for any advice.

 

[Isis1]

quick question, are you calculating the interest rate?

 

[gatorfan1]

quick question, are you calculating the interest rate?

Isis, I'm not aware of any interest applied. I'm not sure if Florida does that, child support office never mentioned it. This isn't the first time this has happened. My ex will take me to court every few years and drag it out so that I will have arrears attached. The time before this, there wasn't any interest attached to the arrears. Like I said, I get different explanations from different people in the child support office and have actually gotten different explanations from the SAME person. I don't understand why Florida has to have such a difficult way of doing things. I've seen on this forum that several people, whether it's the custodial parent or the non-custodia parent, have difficulties with the Florida child support system.

So back to your original question, the court order states how much the arrears was and how much is to be paid each month in addition to my normal monthly support obligation, no mention of interest attached. I have my calculations showing that not only has the arrears been paid, but since the extra amount is still being withheld, I have over paid.

 

[Isis1]

Isis, I'm not aware of any interest applied. I'm not sure if Florida does that, child support office never mentioned it. This isn't the first time this has happened. My ex will take me to court every few years and drag it out so that I will have arrears attached. The time before this, there wasn't any interest attached to the arrears. Like I said, I get different explanations from different people in the child support office and have actually gotten different explanations from the SAME person. I don't understand why Florida has to have such a difficult way of doing things. I've seen on this forum that several people, whether it's the custodial parent or the non-custodia parent, have difficulties with the Florida child support system.

So back to your original question, the court order states how much the arrears was and how much is to be paid each month in addition to my normal monthly support obligation, no mention of interest attached. I have my calculations showing that not only has the arrears been paid, but since the extra amount is still being withheld, I have over paid.

i'm looking for it now, to check.

what i think you may have misunderstood, is the arrears aren't necessarily seperate in an account, but the courthouse itself deals with the amounts seperately. child support, just adds it up all in one account. it makes sense.

when did you request the audit? i know i asked for one 2 years ago. it just literally completed YESTERDAY!

 

[gatorfan1]

i'm looking for it now, to check.

what i think you may have misunderstood, is the arrears aren't necessarily seperate in an account, but the courthouse itself deals with the amounts seperately. child support, just adds it up all in one account. it makes sense.

when did you request the audit? i know i asked for one 2 years ago. it just literally completed YESTERDAY!

Isis, thanks again for the response. The courthouse has it in one account and the child support office has it in two. I haven't requested an audit yet. Went to the courthouse to see what all is needed and they told me that I have to do up a paper with my issues and then file some other paperwork. I'm trying to get my paystubs for the past two years and all of my figures together to show them.

Also, my court order states that the increased child support amount and arrears payments would start 14 days after the order was given to me. The order was signed off in Feb. 2008. However, looking at the printout that the court house gave me, they show the increased amounts to start in Jan. 2008.
How can that be? How can they say I should be paying more before my final court appearance and/or the judge signed off on the order?

 

[Isis1]

Isis, thanks again for the response. The courthouse has it in one account and the child support office has it in two. I haven't requested an audit yet. Went to the courthouse to see what all is needed and they told me that I have to do up a paper with my issues and then file some other paperwork. I'm trying to get my paystubs for the past two years and all of my figures together to show them.

Also, my court order states that the increased child support amount and arrears payments would start 14 days after the order was given to me. The order was signed off in Feb. 2008. However, looking at the printout that the court house gave me, they show the increased amounts to start in Jan. 2008.
How can that be? How can they say I should be paying more before my final court appearance and/or the judge signed off on the order?

when was the request for increase filed?

 

[gatorfan1]

when was the request for increase filed?

Ok, now I am confused. My court date was the middle to end of Feb. 2008, the judge signed off on it then. But I just checked the clerk's office online and see that it is showing the end of January 2008.

a. How can it be filed before we even went to court?

b. It states in it twice about it becoming effective in Feb. 2008 (I don't have it in front of me currently to quote the exact language)

c. Even if it is entered on Jan. 28 (as shown online), how can it back date to the first of Jan.? That's when the courthouse paperwork shows that the first increased amount should be withheld...Jan. 1, 2008.

This was just a side question because it doesn't really matter if it was Jan. or Feb. when the increased amount shoud start, I just thought it was strange and wondered how it could be ordered before the date of file/court date/signed court order. I'm still wondering what more I need to show to the child support office that I have satisfied my arrears. Isis, if you're telling me that the only way will be to request an audit and yours just finished after two years...am I looking at an additional two years of having arrears withheld even though I am current? And if I do, will I receive a refund for the amount that is overpaid? Again, I appreciate your help.

 

[Gracie3787]

What is the name of your state (only U.S. law)? Florida


I need help regarding Florida's Child Support system. My ex-wife took me to court in May 2005 for more child support. She drug it out for two and a half years and finally had it settled in Feb. 2008. Of course I had arrears for the entire time it was in court of nearly $10,000.

The child support and the arrears is taken from my pay check every month, with $100 per month going to the arrears. The IRS held my stimulus check, 2008 tax return and VA check totaling $9650. Adding that to what I have paid for nearly the last two years from my pay checks......I have paid off my arrears and then some.

However, the child support office is still withholding arrears out of my pay check each month. Every time I go speak to them, I get a different story. They say they are showing that I am still in arrears. BUT, they sent me a$900 refund check from my last year's tax return. If I am still in arrears, why did they cut me a check? I went to the court house to request an audit of my account and they told me that arrears & monthly child support are one account but the child support office says they are separate.

How do I get this straightened out? I have a copy of the court order stating how much my arrears were and how much is to be withheld from my paycheck every month to go to arrears. I have a printout from the courthouse showing every payment that has come out for the past two years proving that I have overpaid into the arrears. What else do I have to show to the child support office and will I get a refund on what I have over paid?

Thanks for any advice.

Take the printout and attach it to a petition for modification asking that the order to pay arrears be modified to zero. Unfortunately, that is the only way to stop the extra garnishment. In the petition, you can request that any overpayment be refunded, or credited to your account.

 

[Gracie3787]

Isis, I'm not aware of any interest applied. I'm not sure if Florida does that, child support office never mentioned it. This isn't the first time this has happened. My ex will take me to court every few years and drag it out so that I will have arrears attached. The time before this, there wasn't any interest attached to the arrears. Like I said, I get different explanations from different people in the child support office and have actually gotten different explanations from the SAME person. I don't understand why Florida has to have such a difficult way of doing things. I've seen on this forum that several people, whether it's the custodial parent or the non-custodia parent, have difficulties with the Florida child support system.

So back to your original question, the court order states how much the arrears was and how much is to be paid each month in addition to my normal monthly support obligation, no mention of interest attached. I have my calculations showing that not only has the arrears been paid, but since the extra amount is still being withheld, I have over paid.

Since you have a court order stating the amount of arrears, interest cannot be added without it going back to court. (unless of course the court order had a provision for interest).

Also, the next time ex files, just run the numbers through a calculator to figure out how much the CS might increase. Then, save that extra amount, then if the court does order it retro you'll have the money to pay it all that day. (Doing that will not only save you the garnishment problem, it'll take the wind out of ex's sails if she wants to make sure you owe arrears)