Income Deduction Order for FL

[marcsmom]

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

I filed for an Injunction against Domestic Violence and divorce in late 2009 pro se. He had representation. An Order for Temporary Needs was entered in June 2010 ordering 1000 every two weeks to be put in my checking account. Out of the 28 payments that he made, only 5 were in the full amount.

During this time, I made offers towards settlement but he refuses stating he's not paying even half of what the Court ordered. I requested mediation and was taken to the hospital the night before we were to go. I've been critically ill and haven't had the physical or mental energy to fight his attorney. The attorney withdrew from his case two months ago.

Now that he lost the lawyer, he insists we agree to live our separate lives and stay married, but with no written support agreement. He's playing the health insurance card on me. He's bullying me to agree and says he's not paying the ordered amount until I sit down with him in person and discuss this. For one thing, I'm embarrassed and ashamed to be seen with him in public. I'm not afraid of physical violence exactly, but if I disagree with him he will get in my face, yell and make a scene. I'm not subjecting myself to that.

FL Statutes state that an Income Deduction Order MAY be entered for temporary support orders, so I'm going to request one from the Judge. He is actually $6800 behind. The form on the court website deals mostly with child support orders. Am I correct is thinking that only the judge can calculate any arrearage? I have all of my bank statements and an excel spreadsheet outlining what was ordered, what was paid and the deficit, but doesn't the judge determine the arrearage after my request?

I'm sorry for rambling here. I just had my thyroid taken out and I'm concerned about the results of the pathology reports. I'm just unable to deal with him right now.

BTW, we were married 29 yrs and have 6 grown children.

Can someone tell me about the arrearage and if I have to use the court form or can I type my own using it as a guide? Thank you in advance for your advice and help.

PS--I know there are people that play games on this site, so I'm letting you know in advance I originally joined this board seeking advice about a child custody case in Maryland in case you look up my username.

 

[mistoffolees]

FL Statutes state that an Income Deduction Order MAY be entered for temporary support orders, so I'm going to request one from the Judge. He is actually $6800 behind. The form on the court website deals mostly with child support orders. Am I correct is thinking that only the judge can calculate any arrearage? I have all of my bank statements and an excel spreadsheet outlining what was ordered, what was paid and the deficit, but doesn't the judge determine the arrearage after my request?

The judge will determine the arrearage, but it's not just a random number that he pulls out of his hat. He will determine the arrearage based on the information available to him. If you have all the deposit information and have it organized properly, he'll probably get it right.

Don't let your ex bully you around. He doesn't get to arbitrarily determine that he's only going to pay half of what the court ordered. If he keeps that same attitude with the judge, he will be facing severe penalties.

I would strongly encourage you to visit with an attorney even if you don't retain one. Many attorneys offer initial visits for free or I believe that very lost cost consultations are available in your state. You really need to understand your rights in regards to property division and/or spousal support. I could easily picture him walking all over you if you don't stand up for yourself.

You will be entitled to 1/2 of all marital assets and 1/2 of marital debts. That will include the marital value of any pensions or retirement accounts either of you have. You will be entitled to use his earnings history for as long as he's alive in calculating your social security benefits (assuming that his earnings history is greater than yours). If he is earning significantly more than you, you may be entitled to spousal support - possibly for quite a while given the length of your marriage. And if he is earning significantly more than you, you may be able to get an order for him to have to pay your legal fees.