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wage garnishment and response to supplemental petition

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pa_ak

Member
What is the name of your state? AK

what exactly can be garnished for child support? i read early SSI cannot but SSDI can. What about VA disability payments?

also, what exactly is allowed for deductions? i know it is very state dependent but i was wondering what the purpose of the FL affidavit is in asking what the monthly expenses are if these are not allowed deductions?

please forgive my ignorance here. am just trying to make sure i have an understanding of what is and isn't allowed so i can respond to what was submitted.

also, does anyone know if florida requires tax return and paystubs to be submitted with the financial affidavit?

lastly, does anyone have a clue what would have been asked on a supplemental petition for CS modification in FL? I received a copy of my ex's answer and it said

1. Admit
2. Unknown
3. Admit
4. Unknown
5. Unknown
6. Unknown

I have no clue what 1-6 are and since the Dept of Revenue AG Atty filed this, I don't have a copy neither does my CSSD office. Any idea? I looked at the Family Law Form but wasn't sure if that is what would have been filed by an atty. Any help would be appreciated.

Thanks so much again for all the great answers...y'all have truly helped me with some fantastic insight here and on the custody/visitation board. thanks again.
 


fairisfair

Senior Member
call the court and ask them how you can obtain a copy.

Generally the court asks for 3 years of tax returns.

The reason that the court asks about household expenses, even if they are not deductible, is to ascertain that the income claimed is in line with the expenditures made.
 

pa_ak

Member
is there anything i can do if i know for fact he made a false claim? or does it really matter? he's claiming he has a mortgage and property taxes when he lives with his mother. according to the public records for the county he doesn't own any property but she does and the amount he is claiming is appropriate for what it says her loan amount was.

would i be able to get a copy of the original petition from the Title IV lawyer handling the case?
 

nextwife

Senior Member
is there anything i can do if i know for fact he made a false claim? or does it really matter? he's claiming he has a mortgage and property taxes when he lives with his mother. according to the public records for the county he doesn't own any property but she does and the amount he is claiming is appropriate for what it says her loan amount was.

would i be able to get a copy of the original petition from the Title IV lawyer handling the case?
Is a legal description, or address provided for the property on which he claims to have a mortgage payment? It IS possible to have a mortgage on a property OTHER than one the party lives in and other than the same county.

I do real estate closings, and many people own real estate in a state or county in which they do not live.
 

pa_ak

Member
no it isn't but i know he does not own any property...i guess the next question is can i ask for proof of this payment? such as the address?
 

moburkes

Senior Member
no it isn't but i know he does not own any property...i guess the next question is can i ask for proof of this payment? such as the address?
No, what isn't? Are you saying that it is not legal to own a property in another county or another state that you don't live in? Please say that is NOT what you meant.
 

Gracie3787

Senior Member
is there anything i can do if i know for fact he made a false claim? or does it really matter? he's claiming he has a mortgage and property taxes when he lives with his mother. according to the public records for the county he doesn't own any property but she does and the amount he is claiming is appropriate for what it says her loan amount was.

would i be able to get a copy of the original petition from the Title IV lawyer handling the case?
Since mortgage payments and property taxes are not allowed to be deducted from income, it really doesn't matter if he has a mortgage or not. The only things that allowed to be deducted are listed on the financial affidavit, and none of those are daily living expenses.

You can get a copy of anything that's been filed with the court just by contacting the court clerk's office. If the county is one that has the dockets listed on-line you can look at the docket, then decide which papers you want and call the clerk to order them. They are usually $1 per page, but if you can prove that you are a party to the case, the clerk can waive the fees.
 

pa_ak

Member
what i meant was no the address isn't listed...sorry for the confusion...i know you can own property somewhere else...

i know mortgage and property taxes can't be deducted...i am trying to proof the continual pattern of lies if that makes any sense...and i found it rather disturbing he's objecting to an increase when he also states he spend 2.3 times as much on himself monthly for food than he supports his kids with...

thank you for the suggestion on how to get the document...i truly do appreciate it...will call monday...
 

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