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Child Support Arrearages -- Florida

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  • Child Support Arrearages -- Florida

    Florida...I was hoping someone could tell me what form we need to file with the courts to lower my husbands Child support arrearage weekly amount..He was ordered in 1997 to pay child support and arrearages of 120.00 weekly for sum of over $100,000.00. I know this sounds horrible but you may be thinking.. he deserves it.. he didnt pay.. well there is a back story which is way to involved to explain.. but going forward..today.. he was orderd a few months ago to pay 149.00 weekly now .. his kids are 31 and 29... there is no more child support.. only arrearages.. he did pay his support but unfortuneately the state never had records of it and he didnt keep copies.. now.. years later when he was originally ordered to pay his income was alot more..$60K a year.. now its $25K (maybe).. paying 149.00 a week is killing us.. we have a 15 year old daughter who never complains... but we cant get ahead.. we were told that he cant modify this because it isnt child support.. its arrearages.. what do we do??? how can we get this weekly figure lowered to where it is more managable...??? Please Help... Obviously we cannot afford an attorney.. we had 2 attorneys when this started... 1 took our money and did nothing.. the other passed away...

  • #2
    re: Child Support Arrearages -- Florida

    I wish to inform you that your husband may first approach the mother of his children and inform her that although the support has already been paid yet in the absence of proper records he is unable to prove the same. He may make an offer to her of a lower amount every month to see if consent can be reached. If the matter is not resolved directly then he may file a petition in the same family court which passed the last order pertaining to child support arrears. He may show that his financial status has changed and he makes less than half of what he made previously. He may also show that he has one more 15 year old to support. The court will consider all the facts and decide the matter.

    AFF

    Comment


    • #3
      re: Child Support Arrearages -- Florida

      Who are the arreages owed to? AFFA noted mom can forgive them. If the money is owed to the state, I am afraid he will be paying them.
      Due to a recent promotion, I should now be referred to as Major Obvious.

      I would not be trying to provide information and knowledge if I did not sympathize.

      Some days it is just not worth chewing through the restraints to face life.

      Comment


      • #4
        Re: Child Support Arrearages -- Florida

        Originally posted by cholle View Post
        Florida...I was hoping someone could tell me what form we need to file with the courts to lower my husbands Child support arrearage weekly amount..He was ordered in 1997 to pay child support and arrearages of 120.00 weekly for sum of over $100,000.00. I know this sounds horrible but you may be thinking.. he deserves it.. he didnt pay.. well there is a back story which is way to involved to explain.. but going forward..today.. he was orderd a few months ago to pay 149.00 weekly now .. his kids are 31 and 29... there is no more child support.. only arrearages.. he did pay his support but unfortuneately the state never had records of it and he didnt keep copies.. now.. years later when he was originally ordered to pay his income was alot more..$60K a year.. now its $25K (maybe).. paying 149.00 a week is killing us.. we have a 15 year old daughter who never complains... but we cant get ahead.. we were told that he cant modify this because it isnt child support.. its arrearages.. what do we do??? how can we get this weekly figure lowered to where it is more managable...??? Please Help... Obviously we cannot afford an attorney.. we had 2 attorneys when this started... 1 took our money and did nothing.. the other passed away...
        This is the problem when people don't pay their child support - or when they can't PROVE that they did.

        There's nothing that he CAN do except pay what he owes. Child support arrears are not a debt that can be discharged in bankruptcy. The childrens' mother(s) are entitled to the support that he never paid, and the state also added statutory interest on top of that.

        Your husband should have thought about his existing child support debt before deciding to have more children that he would struggle to support. Your 15 year old needs her basic living expenses - food, clothing, shelter. Your husband doesn't get to "get ahead" while he has that outstanding debt, so get that right out of your head.

        What are you doing to help out the family? Do you work? Perhaps you should consider getting a second job to help bring in more family income. YOUR income doesn't get taken for his child support arrears.

        Otherwise, HE needs to do what's necessary to supplement his income. That $100,000+ obligation isn't going away anytime soon. He should have thought about that when he stopped paying.
        "If it ain't in writing, it never happened."
        "A lack of planning on your part does not constitute an emergency on my part."
        "You can never make the same mistake twice, because the second time you make it, it's not a mistake, but a CHOICE."

        Comment


        • #5
          Re: Child Support Arrearages -- Florida

          Originally posted by cholle View Post
          Florida...I was hoping someone could tell me what form we need to file with the courts to lower my husbands Child support arrearage weekly amount..He was ordered in 1997 to pay child support and arrearages of 120.00 weekly for sum of over $100,000.00. I know this sounds horrible but you may be thinking.. he deserves it.. he didnt pay.. well there is a back story which is way to involved to explain.. but going forward..today.. he was orderd a few months ago to pay 149.00 weekly now .. his kids are 31 and 29... there is no more child support.. only arrearages.. he did pay his support but unfortuneately the state never had records of it and he didnt keep copies.. now.. years later when he was originally ordered to pay his income was alot more..$60K a year.. now its $25K (maybe).. paying 149.00 a week is killing us.. we have a 15 year old daughter who never complains... but we cant get ahead.. we were told that he cant modify this because it isnt child support.. its arrearages.. what do we do??? how can we get this weekly figure lowered to where it is more managable...??? Please Help... Obviously we cannot afford an attorney.. we had 2 attorneys when this started... 1 took our money and did nothing.. the other passed away...
          Since this is delinquent support, it cannot be lowered, modified, reduced. Regardless of the backstory, that is the reality of what you are facing.

          The only solution I can think of is for you to get a job or better paying one. He came into the relationship and marriage with obligations that you should have known about and made your best effort to see paid.

          Be thankful he did not run up this delinquency in California where the delinquent interest is 6% per month, 72% per year.

          Comment


          • #6
            Re: Child Support Arrearages -- Florida

            Originally posted by AFFA View Post
            I wish to inform you that your husband may first approach the mother of his children and inform her that although the support has already been paid yet in the absence of proper records he is unable to prove the same. He may make an offer to her of a lower amount every month to see if consent can be reached. If the matter is not resolved directly then he may file a petition in the same family court which passed the last order pertaining to child support arrears. He may show that his financial status has changed and he makes less than half of what he made previously. He may also show that he has one more 15 year old to support. The court will consider all the facts and decide the matter.

            AFF
            The children are owed this amount now since they are of legal age to claim it. A petition to reduce delinquent support will go nowhere with the court. They do not have the authority to waive or reduce delinquencies. Only the person(s) to whom it is owed -- which is the now adult children can do that.

            Later children do not count. The rule of law is "first in time, first in line." He took on additional obligations when he wasn't paying the ones he had.

            The court would kick the case out. The law gives no choice.

            Comment

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