support overpayment to satan

[bakbrakr1]

What is the name of your state? Brevard County, Fl
We were under the assumption that what the judge said, went; and assumed that when my husbands oldest turned 19, the state would stop taking out support from his check (the manner he ASKED for support to be paid by stop her from any more frivilous suits and lies) as the judges order stated. We find out now that we have to file papers to have it stopped. What are these papers and can the overpaid support be used towards child 2 to stop the payments early? How can the dept of revenue go against what the judge says and what the order reads? Any info/advice would be greatly appreciated!

 

[Zephyr]

the Department of Revenue does not have copies of every single child support payers court orders to review, it is the obligation of the parties involved to make sure payments are made (and stopped) according to the court orders.

 

[NotSoNew]

when it comes to child support always assume they will do NOTHING for you. except take your money i dont think that the overpayments can be applied for child number 2, since your husband never applied to have the payments stopped they dont see it as an over payment

 

[bakbrakr1]

how?

how do you stop them (or "file to have them stop") they give no info on how to get this done. I assume so they can continue to steal from people who trust the court to do the right thing. (yes I know that is stupid and niave!)

 

[kat1963]

Mr. KAT's employer stopped (voluntary for the SAME biohag reason) garnishing the child support when the order terminated (child's 18th birthday, submitted to employer with a copy of the bc, that was it). Why do you have to go back before a judge when it should clearly state in the court order that it terminates when this & this or that & that happens? If it doesn't then I really guess you are stuck. Sue her in small claims court.
KAT

 

[Happy Trails]

how do you stop them (or "file to have them stop") they give no info on how to get this done. I assume so they can continue to steal from people who trust the court to do the right thing. (yes I know that is stupid and niave!)

I'm curious why the Judge ordered child support to continue to age 19.

http://supportcollectors.com/csrc/florida_emancipation.php

 

[NotSoNew]

i think you would have to file a modification

http://www.flcourts.org/gen_public/family/forms_rules/905b.pdf

 

[stealth2]

Some states are sufficiently computerized to have the end date kick in automatically, but most require the payor to file a modification.

 

[bakbrakr1]

Thanks

I would like to thank you all for your time and responses. May someone also extend a hand of help if/when you need it!

 

[bakbrakr1]

support until 19 yo

Sorry I didn't answer the "curious" as to why the judge ordered support until 19.
I have to question that also. Her birthday is the first week of September, but by Florida law, a child cannot start school unless they are 5 yrs old by Sept 1 (School usually starts between Aug 8-17) She was supposed to graduate May 05 at 18 yrs old, which would have left 4 months of payment ater she graduated. But she failed last year and is still in school now, but Fl will not make a parent pay after the 19th b-day.

 

[Gracie3787]

What is the name of your state? Brevard County, Fl
We were under the assumption that what the judge said, went; and assumed that when my husbands oldest turned 19, the state would stop taking out support from his check (the manner he ASKED for support to be paid by stop her from any more frivilous suits and lies) as the judges order stated. We find out now that we have to file papers to have it stopped. What are these papers and can the overpaid support be used towards child 2 to stop the payments early? How can the dept of revenue go against what the judge says and what the order reads? Any info/advice would be greatly appreciated!

Your husband needs to file for a modification ASAP. Depending on the exact wording of the order, he may be able to get credit for the amount he paid after his daughter turned 18. The reason that I say age 18 is because Fl allows for CS to continue past age 18 ONLY if the child is still in school with reasonable expectation of graduating before age 19. A judge may not allow the credit, but it won't hurt to ask.

I understand about the Judge saying one thing and DOR doing another. My husband didn't know that he needed to modify when his oldest was 18, he didn't find out until she was 21. In court for that, the judge asked the DOR why they hadn't done it because it was THEIR job to do so. My husband's next oldest turned 18 1 month after that modification, so the judge told the DOR that they were supposed to file in one month. They didn't so of course my husband had to again.

Was anything written into the order about when CS should stop on only the oldest? Alot of what he can do will depend on what's in the order, not just what the judge said in court. The link given by another poster is a good place to start. Good luck.
Gracie

 

[bakbrakr1]

Wow! You have given me some hope on a bit of justice! Of course no one feels they get justice in a divorce situation, but some get screwed worse than others : )
Thank you for all the info everyone!

 

[bakbrakr1]

Sorry, forgot to answer the ?'s I get these blonde moments sometimes....
The order states that child support is to stop for the oldest on her 19th b-day (Sept 5, 05) and one the youngest on his 18th b-day since he dropped out (actually was kicked out since his mom wouldn't make him get out of bed and go to school) when he was 15. We got the judge to order him to go to adult ed to get a diploma instead of GED. The divorce papers order that he is to stay in adult ed until he earns a diploma or child support stops for him. He dropped out of adult ed a couple months after the divorce was finalized. My husband talked to him, encouraging him to get his diploma, he refused. My husband tried ordering him to, he refused with foul language. We filed papers for contempt of court and to stop child support (we didn't know about his dropping out for months, then found out through my daughter of all things!) and miraculously, he decided it was best for him to go back to adult ed. The ex said she didn't know he had to stay in school or she didn't get support cause she didn't read the divorce agreement! Support for him is supposed to stop April 13, 2006. Do you think the judge will put in an order for both at the same time or is april too far away legally?

 

[Gracie3787]

Sorry, forgot to answer the ?'s I get these blonde moments sometimes....
The order states that child support is to stop for the oldest on her 19th b-day (Sept 5, 05) and one the youngest on his 18th b-day since he dropped out (actually was kicked out since his mom wouldn't make him get out of bed and go to school) when he was 15. We got the judge to order him to go to adult ed to get a diploma instead of GED. The divorce papers order that he is to stay in adult ed until he earns a diploma or child support stops for him. He dropped out of adult ed a couple months after the divorce was finalized. My husband talked to him, encouraging him to get his diploma, he refused. My husband tried ordering him to, he refused with foul language. We filed papers for contempt of court and to stop child support (we didn't know about his dropping out for months, then found out through my daughter of all things!) and miraculously, he decided it was best for him to go back to adult ed. The ex said she didn't know he had to stay in school or she didn't get support cause she didn't read the divorce agreement! Support for him is supposed to stop April 13, 2006. Do you think the judge will put in an order for both at the same time or is april too far away legally?

One more important question:
Does the court order just state a weekly/monthly amountof CS, or does it state X$ for oldest, X$ for next oldest, etc?

If it is broken down into specific amounts for each child, a modification isn't needed and DOR has to adjust the withholding.

 

[bakbrakr1]

Gracie and Kat1963, You have helped us more than you know. Sheer Genius you two are! My husband spoke to payroll and they said to bring in the divorce papers since they did state the amount for each child and when each was supposed to stop and they would take care of it!
Secondly, I reread the decree and it did state that if it was likely that the 18 yr old graduated before 19, only then was child support to continue after 18yo, which means she does owe us for the last year along with the comtempt of court matters from "parent alientation" mentioned by a member from another post.
And I almost paid a lawyer money I couldn't afford to do this? I owe you guys big!!!! I can't thank you guys enough, along with the other generous souls who also sent Fl web sites regarding this. Money has been a bit tight after a failed back surgery (never let anyone cut your back or neck, please!!! there's too many other options out there that are up and coming in the next couple years) and it was really going to hurt to pay out all that money. Can't thank you enough!!!! Have the greatest weekend ever!!!!