Dep. of Rev. Involved???

[CBK]

What is the name of your state? FL

Quick Question: Child support has not been paid by ex in almost 6 months. (This is a cycle)He has filed a motion to reduce child support, claiming he makes less. I have found jobs for which he is qualified for which make substantially more (in his home town).

1.How likely will it be for the judge to believe that he is making minimium wage driving a truck (18 wheeler)?

2.On May 10 of this year, he was served with some type of judgement papers from the Florida Department of Revenue. They had me listed as a co-filer (or whatever you want to call it). I have called FDR and they can't tell me anything....What could this be?

Could it be something excusing him from child support?

Any knowledge is appreciated. Thanks in Advance!What is the name of your state?

 

[BL]

What is the name of your state? FL

Quick Question: Child support has not been paid by ex in almost 6 months. (This is a cycle)He has filed a motion to reduce child support, claiming he makes less. I have found jobs for which he is qualified for which make substantially more (in his home town).

1.How likely will it be for the judge to believe that he is making minimium wage driving a truck (18 wheeler)?

2.On May 10 of this year, he was served with some type of judgement papers from the Florida Department of Revenue. They had me listed as a co-filer (or whatever you want to call it). I have called FDR and they can't tell me anything....What could this be?

Could it be something excusing him from child support?

Any knowledge is appreciated. Thanks in Advance!What is the name of your state?

If you are to received CS , and a CS collection agency is involved , it most likely means his Fed . , and possibly State income taxes will be seized to wards CS .

I don't know how much he makes ....

 

[ceara19]

What is the name of your state? FL

Quick Question: Child support has not been paid by ex in almost 6 months. (This is a cycle)He has filed a motion to reduce child support, claiming he makes less. I have found jobs for which he is qualified for which make substantially more (in his home town).

1.How likely will it be for the judge to believe that he is making minimum wage driving a truck (18 wheeler)?

I have no idea if they will accept that. How much has he been earning?

2.On May 10 of this year, he was served with some type of judgement papers from the Florida Department of Revenue. They had me listed as a co-filer (or whatever you want to call it). I have called FDR and they can't tell me anything....What could this be?

Could it be something excusing him from child support?

Any knowledge is appreciated. Thanks in Advance![FONT="Comic Sans [/QUOTE]MS"]

[/FONT]What is the name of your state?

It's not something excusing him for his obligation. Most likely, it is Notice of Child Support Lien. That's just a general lien placed on any assets he MAY have in order to collect the unpaid child support.

 

[Gracie3787]

What is the name of your state? FL

Quick Question: Child support has not been paid by ex in almost 6 months. (This is a cycle)He has filed a motion to reduce child support, claiming he makes less. I have found jobs for which he is qualified for which make substantially more (in his home town).

1.How likely will it be for the judge to believe that he is making minimium wage driving a truck (18 wheeler)?

2.On May 10 of this year, he was served with some type of judgement papers from the Florida Department of Revenue. They had me listed as a co-filer (or whatever you want to call it). I have called FDR and they can't tell me anything....What could this be?

Could it be something excusing him from child support?

Any knowledge is appreciated. Thanks in Advance!What is the name of your state?

No, the court will almost certainly not believe that he's earning only min. wage as a truck driver. Although truck drivers' incomes have actually decreased a little due to newer fed. regs. there is no way that a driver earns only min. wage unless the driver isn't driving enough miles, which would likely be considered as voluntary.
Since he's filed for a modification, the burnden of proof is on him- he has to be able to prove that his loss of income was due to some involuntary reason (illness, injury, lay off, etc).

I may be wrong, but I suspect that the judgement paper he was served with was a Judgement of Delinquency. Usually the DOR will file and serve a Certificate of Delinquency which states the amount of arrears owed. If the NCP does not make an effort to make arrangements with DOR to pay within 60 days, the DOR can then have a Judge sign a Judgement of Delinquency. That judgement means that no matter what the arrears amount is AT LEAST whatever amount is stated and it cannot be changed.
Those 2 actions are the very first actions that DOR will take when there are arrears owed. The next action they'll take is suspension of his DL. if he still doesn't pay, then they'll file a contempt motion. It's really a pretty long process.

You are listed as a co-petitioner on all legal papers because legally the DOR is not considered to be an actual party of the case. CPs are usually listed as "named plaintiff".

Are payments being made now by income deduction order? If not, you should call DOR give them his employer's name and address and ask them to serve the employer with the IDO. ( he should have filed a financial affidavit with his petition for modification and his employer's name and address should be listed on there.)

 

[Ohiogal]

Actually it is possible that his wages have decreased drastically. Why?
If he owns his own rig and is still making payments it, he is in a long term contract which didn't build in increase due to expenses, the increase cost in fuel, if there were expenditures with the truck that he had to take care of, insurance -- it is possible his costs have started outpacing his income. There is not enough information in this post to say that there is no way his income is minimal.

 

[CBK]

Thanks Everyone


5 years ago, it was $450 net/week. Now, he is claiming that he makes substantially less than the did 5 years ago. This order has not been modified in 5 years. At that time, he purgered himself about income and the judge didn't buy it one bit.

Also, he does not own his own rig, but drives the company vehicle, hence he is not responsible for the upkeep, truck payments, fuel, etc.

 

[Gracie3787]

5 years ago, it was $450 net/week. Now, he is claiming that he makes substantially less than the did 5 years ago. This order has not been modified in 5 years. At that time, he purgered himself about income and the judge didn't buy it one bit.

Also, he does not own his own rig, but drives the company vehicle, hence he is not responsible for the upkeep, truck payments, fuel, etc.

Was the $450.00 his actual income or was it what the Judge imputed to him?

Has he changed employers?

Is he over the road, regional, dedicated route, or local ? Is it different than what he was doing?

Has he given any explaination of how/why his income has decreased?

Even though he's a company driver, if he's over the road the expenses (meals, showers, etc.) have gone up alot in 5 yrs, so it's possible that his job related expenses have decreased his income.

In any case, he has to be able to prove to the court exactly why his income is lower and without knowing his reasons/circumstances it's hard to say if the decrease is warranted or not. I apologize for the error in my previous reply, I wasn't thinking about the whole possible picture.