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non-payment of court ordered child support pymts

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Per court order, my ex-husband was ordered to pay a total of $1,173.00 child support each month. This was based upon Florida Statutes and the formula therein. He was not ordered to make these payments through the Clerk of Court (I did not think of that, and neither did my atty!). I am a trusting person and allowed him to deposit his monthly payments directly in my bank account. In October 1999 he informed me that he had been fired from a job as Store Manager, where he had been employed almost 15+ years and was very successful. He had been telling me that he was tired of the "stress" of that job and wanted to quit. He was ultimately fired, for what I can surmise as poor job performance. Anyway, he stopped paying child support. He eventually started selling Life/Health Insurance for Liberty National Ins Co.. **note: UPON HIS DISMISSAL FROM HIS PREVIOUS EMPLOYER, HE RECEIVED A CASH PAYOUT FOR HIS RETIREMENT IRA OF $94,000!!!**
I did not have the money for an atty and was at his mercy. I agreed to accept $10,000 plus his paying the remaining balance for my van, with the agreement that he would meet with me monthly and disclose his earnings in selling insurance. Furthermore, I agreed not to take him back to court if he, during a year I was allowing him to "reestablish himself", paid half the girls (we have 2, ages 6 and 7 years old) school tuition and half of the day care; these payments were to be regular and would be substantially lower than the normal court ordered payments....this he has not done. I have managed to get two months of almost half the tuition, he paid nothing toward the $600/mo child care during the summer.

I realize I was a jerk in trying to be nice, but, I have come to realize that our kids are suffering for it. I should not have to beg for child suport. He views it as "trying his best to 'help me out' when he can". That is not acceptable.

I just recently learned that I can petition the court myself and meet with the Judge in his chambers.

**what I need to know, in preparation, is the Florida Case Law to cite why he should have to continue paying child support as ordered and should get a job commisurate with what he has done for the past 20+ years.
I know that there is case law out there and would like to have that to remind the judge ;-)

I was required to get a job, at the time of our divorce in 1996, in the field of Probation and Parole, an arena I had been successful at and had demonstrated my ability to earn a certain amount. I feel that he must be required to do the same. I feel for him in the fact that he would like to do "something less stressful", but it puts undue stress on me to not have enough money to support our biological children.

any assistance on what case law would support my wanting him to secure a job in the field, as a manager, he has proven himself in ... and/or anything else that would assist me in my quest. thanks for reading this long email message.
 



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