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Topics - jenjen

#1

 My understanding is that when the state of florida calculates arrearage they can only go back 2 years:


1. Is this correct?

2. if question number 1 is correct, then is it calculated two years back from the date the petition for child support was filed?

3. If so does anyone know the Florida statue concerning calculating arreages?


thank you....jen

 
#2
Child Support Issues / STATE OF FLORIDA
May 16, 2008, 08:06:08 AM
I BELIEVE THAT NCP ARREARGE IS TO HIGH/STATE OF FLORIDA MIS CALCULATED:

1. NEED HELP FINDING THE FLORIDA STATUE OR ANY INFO CONCERNING HOW CHILD SUPPORT ARRERAGE SHOULD BE CALCULATED.


THANK YOU.
#3
state of florida


Is it possible for some who is recieving child support and married to get state assisitance for the children he or she is recieving child support for?
#4
My understanding is that when the state of florida calculates arrearage they can only go back 2 years:


1. Is this correct?

2. if question number 1 is correct, then is it calculated two years back from the date the petition for child support was filed?

3. If so does anyone know the Florida statue concerning calculating arreages?


thank you....jen
#5
Just sold house, title company is withholding a large amount to pay alledged childsupport, however the dept of revenue for child support enforcement
refuses to release records to title company.

title company baffled as to why child support enforcement refuses to release the file and say they have never encountered such resistance.  

I have a petition before the court that was filed prior to sale of home which a judge would rule  on this alledged debt. after hearing the facts. I am the custodial parent of the minor children and have been for past six years and have not received any child support

 unfortunitly a hearing date on this matter has not been set yet. I dont want any money to be released until a judge hears and makes a ruling on my petition, because if any of the money is released it would be extremely difficult if not impossible to recover money once in the hands of child support enforcement.


1. Could I file a motion to stop the release of these funds until this matter is heard before the court

2. or should I be seeking an order directing the title company to hold funds until further order from the court?

3. any idea how this should be written?

4. should the motion be filed as an emergency motion?

5. how should the motion be titled? (motion to stop release of funds)
(motion ordering the title company to continue to hold funds?) etc..?

 
#6
Dear Socrateaser / no rent, no lease, wont move
Sep 16, 2007, 08:39:00 AM
"rent free and wont move"


           here's the story husband and wife retire and move to california..leaving a home in florida... husband let's grand childrens and there mother use home until kids graduate.

husband dies kids graduate a year later...wife settles probate and home is in wifes name ownly..wife asks mother to move cause grand kids are in college

it has been over a year and grand kids mother has made little effort to move

what would be the next step for wife to take to get grand kids mother out (she has lived rent free for about 10yrs and is raising another child who is not related as she is not related)

what should wife do?

 
#7

           In my divorce I have the option of refinancing the marital home and buying out x-spouse. house is for sale at this time and i reside there with by bio-kids. most offers on home are extremly low and broker says the market is bad "nobody is buying" note: my state and county has been in the news due to corrupt realestate brokers, mortgage brokers, appraisers, state attornies and even the county property appraiser along with other local gov. officials are coming under investigation.
I am at a point were I can refinance the property.

1. question: how do i make a offer to buy out x.

2. how much info is needed to see if they are interested in the amount?

3. should i just send them and/or attorney a certified letter saying...." would you be willing to accept $xx,xxx as a buy out ?

4. how would you write a letter of buy out ?

5. what info should I include or exclude?

 
#8
State of Florida


is it legal for a custodial parent who recieves child support and is newly married to get state assistance...such as reduced housing, food stamps etc...?
#9
Dear Socrateaser / how do I amend a petition
Jun 16, 2007, 12:15:45 PM
I am finally getting the hearing I so desperatly tryed to schedule but, but, now I need to amended some parts of it.

1. when filing an amended petition does it have to be completely redone or can I just amend the sections that need to be amended?
#10
state of florida

finally was able to get a default entered on my motion to modify cust, support and other relief.

custody given to me in 2002 by another court division, then original final orders,  other parent missing.

acting pro se and trying to schedule hearing, pro se office silent havent set case for hearing, just foune out case has been transfered to divison that gave me custody, child support enforcement is now harrassing me again for support and have frozen bank accounts. (just before hearing date is set) also my employer only pays by direct deposit so freezing my accounts holds 100% of my desposible income.(every penny i earn)


1. can I file a motion for the court to stop the inforcement against me. since this case is pending a hearing date?

2. if so can this be done as an emergency motion?
#11
Dear Socrateaser / What happened to soc???
Apr 26, 2007, 07:15:14 AM
It's been awhile since accessing sparc's is soc no longer with us?
I wish sparc's could notify me/us as to the current changes....will soc be back?
I really would like to thank him again for all his opinions and discussions. is it true that he is on another site? please anyone with info concerning soc please respond.....thanks
#12
Dear Socrateaser / unable to set hearing
Mar 13, 2007, 07:21:59 PM
state of florida
I got custody of my kids 5 years ago and the x fled w/spouse after being released on bail from arrest for  harming children. state trying to force me to pay support on children in my custody and care.

filed for mod of custody. child support and other relief.

After trying to locate x unsuccessfully, I try tryed to serve by publication
still no response, I filed a default and it was entered by the clerk.

given a number to call to set a hearin. the first time i called I was told a date will be mailed to me, after several weeks i called again and was told that they had no record of the first call, again i was told that I would be sent a date by mail and they would notify the dept of revenue.


after a about 2 weeks I get a letter from the dept of revenue stating thatr they are going to place on my credit report a debt of 11000. if i dont request a review in 15 days. still no court date set.

question:
1. what do I do when getting the runaround?


2. should I send a certified letter requesting a hearing date and send copies to someone? if so, what someone?

3. Can the dept of revenue for child support enforcement hinder me from having a hearing date or interfer with the process?
 
#13
Dear Socrateaser / judgement/decree
Jan 31, 2007, 06:35:55 AM
no fault state florida

In my divorce there was suppose to be equal distribution of marital assets.(according to law) I am to recieve half of my x's 401k, a portion of there retirement to balance mine and home equity to be spilt in half.

x never returned to marital home after being arrested and later released for domestic abuse in 2004 and filed for divorce 2004.

x did not contribute to the marital home since the arrest in 2004 and we
just completed divorce in 2007, havent recieved papers yet

judge ordered x's 401k to be divided on it's 2004 value
judged ordered equity divided on homes 2007 value


I feel that the judge errored it seems to me that the judge should have ordered the 401k based on it's 2007 value like she did on the marital home or if not,  then she should have based the homes equity on the  2004 value, like she did with the 401k

question:

1.Can this be addressed again in court?


2.If so when and how?


3.Once a final judgment/decree is given can it be amended, reconsidered or perhaps appealed?



thank you soc
#14
Dear Socrateaser / divorce and refinance
Jan 30, 2007, 04:20:35 AM
divorce and refinance"


           state of florida


just divorced and have to refinance home to take out x's share of equity,
judge has ordered the amount of that equity

questions:

1. how is this done with both our names on the first mortgage?

2. does the person being broughtout have to quick claim the deed before the other can refinance?

3. should i tell the lender that i'm trying to refinance due to a divorce?

4. what type of appraisal is the best, most detailed to get the homes true value?

5. If the market changed what happens if the home's value is not what it was thought to be and the equity ordered is not there?  
 
as always   thank you so much in advance
#15
state of florida


final hearing on divorce opposing attorney calculated child support by imputed income, judge excepted.

1. the child support calculations are wrong can i file for a modification now or do i have to wait for the divorce decree?
#16
Dear Socrateaser / How to stop dor
Jan 20, 2007, 11:32:36 PM
Hello socrateaser


state of florida


My daughter lived with her dad and then came to me for about a year child support was ordered for 100.00 a month for about 8 t0 9 months as daughter was turning 18 and graduating

at the child support hearing the state tryed to claim that my daughter had recieved assist. and had been in some type of state payed day care, this never happened and I testified that day that my daughter was never in such a program and that her dad payed the cost for her day care at a private school

The judge rolled her eyes and became (I'll just say disturbed/annoyed rather than angry) and looked at me as if i was stupid or something

After the hearing the attorney for the state asked me why i did that and said that i could have gotten more money, i replyed because it's not true
and at the time i kinda looked down on that sort of thing (receiving assist) especially disrepecting my daughters father like that ,he's a great parent

when final orders came there was an order to pay me approx. 6000.00 dollars along with the 100.00 a month. there is no basis for the 6000.00 dollars and the order reads to be payed to the cust. parent (me)

the dapt of revenue has been garnishing his wages and it's time for it to stop but, they claim i'm intitled to the 5000.00 remaining bal. (which I am not). there giving me a hard time stopping the garnishment.


questions:

1. Could I type up an affidavit or something stating that I have been payed in full and there services are no longer needed and submit this to them and the court or maybe give it to my x so he could get this stopped?


2. if the answer to #1 is yes do you know how I could word it and how to format it?





as always thanks in advance....


#17
Dear Socrateaser / Imputed Child Support
Jan 03, 2007, 01:50:58 AM
state of florida

Hello socrateaser,

I'm trying to impute an amount for a child support guide lines worksheet
based on minimum wage.

question:

1. how do I determine how much taxes are taken out and what taxes?

2. is there some sort of calculations sheet to do this based on an individuals marital status and income?  
#18
Dear Socrateaser / divorce pre-trial pro se
Jan 02, 2007, 10:53:46 PM
state of fl

greetings socrateaser

I am at the final stages of my divorce, we have been sharing a rotating parenting schedule that spouse has been trying to change and be designated primary resisdent (cp) all attempts have failed judge standing by the status quo. child is 8 yrs old now.

custody evaluation done recommending that spouse be primary resident and giving me every other weekend and 2hrs in middle of week, dont know how she concluded this? spouse has already testified that I spend an enormous amount of time with child.

spouse testified that I take child to school, pick up from school, bath , cook and other school activities and evaluator found that I have been the one taking child to most Dr. appts.  I was acknowledged, chosen and given award as parent of the year from childs school. evaluator made little mention of this.

many of the contact people listed for the evaluator to contact on my be half did not respond and I dont think the evaluator could do a good job without no or very little response from my side.

I found a video tape of what I later realized was my spouse behind the camera taping there biological child while the child begged to see, call and live with there x-spouse. you can here my spouse telling child how bad that the other parent is and that the other parent had hurt them and left them, child make the arguement that this parent is not like what he is being told and demands to talk to them and tells my spouse that everything is there fault and that he hates my spouse.

child later started running away and eventually threw court won the right to live with other parent and graduated from high school, doing fine and is now in the military.

my spouse was the custodial parent at the time.


questions:

1. how damaging would this video be to my sposue in my case to make the argument that my spouse would try to alienate our child as well if given primary residence (custody)?

2. would this tape be good to demonstrate to the judge that my spouse is not fit for primary residence as this behavior is not what a primary resident parent is to do and  that this is not encouraging a relationship with the other parent

3. pre-trial, do i have to send opposing attorney my evidence? pictures? video? e-mails?

4. my spouse is very controlling and the way things are keeps her from being controlling, my concern is that if they are given primary residence this would be bad for child who at this point tells me thay are afraid to ask spouse to stay longer during my parenting time and that they prefer to live with me under these conditions how likely would the judge consider NOT assigning a primary based on status quo? or assigning me primary residence?

5. can I have the evaluation thrown out on grounds that  she (evaluator) had very limited amount of info concerning me from my list as people did not respond?

6.  evaluator made recommendations for me and spouse to have her biological child. (by previous marriage has custody) and my biological children (by previous relationship have custody) take a class to be certified baby sitters by the american red cross, my bio children have already had the training for over a year now and are certified. she knows this. could i make an arguement here that she is marginalizing my parenting (or something) by making it appear that I,  like  my spouse did not  have the insight to to this?

Thank you in advance from myself and children


#19
Dear Socrateaser / setting hearing
Dec 26, 2006, 04:44:32 AM
state of florida

Greetings soc, hope you had a wonderful holiday.


I filed a motion for modification of change in custody, support and other relief. I have not been able to locate the other parent and went threw the task of a diligent search and finally got a default entered after service by publication.


I was going to ask the court to order the return of child support, that was never claimed by the other parent who has abandoned the children
the kids could really use this money.


question:

1. can I file an amendment to this motion to request the return of the child support that was payed and never claimed?


2. if so should I requst it returned to me or that it be returned to the children when they reach the age of maturity?


thanks in advance
and by the way thanks again i was successful in getting a previous order to vacate granted.....your the best!!!




#20
State of florida

I filed for divorce after  my husband decided to move in with his mistress
we have one son together, after trying to communicate with him his girlfriend took out a restraining order on me, the case was heard by a judge and dismissed aftyer the judge explained to the girl friend that i was still his wife and she could not barr me from trying to talk to him

we lived in a house I was purchasing during my first marriage after 6 years we became married and this lasted for 7 years, his name was never added to my deed. he pays child support for our son.

we have two vehicles one payed for, the other is still being payed for, these vehicles are in both our names, he's driving and has in his possesion the vichicle thats payed for, i have the other and give him half the payment, which he deposits into his account were the creditor withdraws payment.

he asked me to agree to have these payments taken from my account and he would give me half towards the car note, I dont trust him to pay half to me as i am doing to him, i just found out that he purchased a new vehicle in his name.


questions:

1. is he intitled to any part of my home?

2. since were not divorced yet am i responsible for or am liable for ownership of the new vehicle or this debt.

3. my concern is if we can not agree to the issue of the two vehices we purchase together and the  one he purchase himself  what should i do to make it  easier to settle? ( i would not mind getting the 2002 ford truck that is pay for and letting him deal with the one with the payments and that is coming out of his account).

#21
Dear Socrateaser / sixteen year old
Nov 15, 2006, 04:31:20 AM
My sixteen year old wants to move in with a relative on other parents side this relarive  does not talk to me, child has since left home  and called me with an altematum. these events occured all of a sudden child stated: can i live with relative? yes or no? I responded that this was not the way to go about it and they should come home to discuss along with relative.

child demanded an answer right then and i said no and asked to speak to the relative cause at this point i was not sure were the child was, child changed subject and asked if they did not come home would i report them as a runaway.

 my response was yes if your not home in a reasonable amount of time i would have to and you havent given me much choice cause at this point i dont know were you are.

child said if they came home they would call police, i said if that's what you want to do, you have your own phone feel free to do so. child called police

police came to my home to speak with me concerning child. I asked were was my child but,police would not say. and would not say what they wanted to discuss concerning my child. just wanted to come in home. one officer said that they did not feel comfortable speaking to me threw the door (i had door open and was standing in door way) because he thought i might have "a shot gun behind the door"


 I said to the officer you have only been here a few minutes and by seeing me you think i have a shot gun behind the door? I also said I see two people dressed as officers caring guns that upon looking at me fear speaking to me at my door. now who should really feel uncomfortable or afraid? they left without discussing my child.

following day cps came to home and questioned me someone said i beat child with a belt, officer came read me my rights i answered no questions.

i was not arrested, cps told me that child and younger child (who was picked up by older child and cousin after school would be staying at relatives home for weekend (I gave no permission for this)

I picked up younger child from school the following day who informed me that she wanted to come home but, cousin and older sibling would not return her. younger child spoke with cps over weekend after they called and said she was fine.

I still have not spoken to the relative and all actions are stemming from the cousin who is legally an adult.(i think 19 or 20)

this is the actions of a rebellious teen trying to grow up to fast that i'm know finding out that this is about a plan to meet with a boy/youngman 19.

 if the child wants to move I have know problem with it, just want to do it the right way and have someone to be reponsible besides a relative that allows child to come and go no questions asked

question:

1.  at this point as the custodial parent what rights do I have to have the child returned can i still report the child as a runaway?

2. can i request that the child be placed in a foster care or some place suitable to take care of and be responsible for a child at this age?

2. can  the child pick and choose to live were they want at 16 almost 17?

3. can i be  held reponsible if child gets into trouble (driving without    license has car accident etc..)

4. can I persue any action against the relative for keeping child in there home?

5. does cps have any liability if the child becomes injured or get into trouble?






#22
Dear Socrateaser / notice of delinquency
Oct 18, 2006, 11:20:42 AM
state of florida

I became custodial parent of my children after the other parent and there spouse were found to have neglected the children and one charged with lewd and lasivious on the miner children.

years later  allegations of physical abuse by the teenage relative of above parent and step parent were made against me concerning my children.  the children were removed for about 3 months and returned after investigations etc..


state of florida dept of revenue on behalf of the aunt is making claim that my biological children were in care of aunt (on fathers side of family) for 1 year and seeking support, support order entered but, I had 10 days to contest. which i did contest.


 I and am now waiting for one more testimonial affidavit from my sister as to monies sent to childrens aunt  on fathers side of family for the benefit of and as a contribution to the support of the minor children, then i will set hearing date.


children were with aunt for about 3 months, not a year and according to fl statue contributions given to children or temp. custodian should be taken into account. aunt did not disclose the monies she recieved.


I just recieved a notice of delnquency and it states:


aunt
petitioner.

vs

bilogical custodial parent
respondent


whereas this ofice has been designated the ocal depository for court-ordered support payments:  and whereas the records of this office indicate that the order of support entered in the above referenced case requires respondent make scheduled support payments through this office and said payments now being delinquent fifteen (15) or more days in the amount of  xxx.xx, as of (date).

you are notified that pursuant to f.s.  61.14, payments which are thity (30) days delinquent will result in a final judgment by operation of law being enetered against you and recorded in the official records of blank county,  1111 blank street, city florida 1234

failure to make the above payments plus all amonts which hereafter become due, together with fees, plus costs of x.xx, will result in a judgement being entered.

peursuant to f.s. 61.14 this notice may be contested if , within 15 days from this notice you file a motion to contest, but only on grounds of mistake of fact whether a delinquency exists, the amount of delinquency, or the  identity of the obligor.

pursuant to F.S.  61.14 the local depository has the authority to release information regarding account delinquencies to credit reporting agencies.

signed by deputy clerk blah blah


question:

1. how do I stop this from becoming a judgement?

2. should i set a hearing date and hope the affidavit and cancelled     checks arrive in time?


3. should I file a motion to contest due to a hearing date not set and this matter not being heard?

4. if this was you what would you do?

thank you in advance


#23
state of florida.
divorce

Hello socrateaser,

1.  What is a case management conference?

2.  What happens at a pretial?
 
  custody evaluation complete, only 2 of my list of contacts responded
some say they didnt understand what was being asked of them they did not recieve instructions, others say they wont respond do to religious reasons but, all are willing to complete a signed affidavit and/or testifie in court if supenad to do so.

based on onesided information evaluator recommended other parent.
I have problems with this report.   evaluator questioned sleeping arrangements for 6yr old child who has own room and sisters have there own room.and mentions it in report


but, doesnt mention  sleeping arrangements of other parent, 15yr old daughter and 6yr old son in a 2 bed room apt.

thats just the tip of the ice berg the report is full of this type of thing

3. will the judge except this kind of report were there is a lack of response or in this case almost no response?
#24
Dear Socrateaser / signing affidavit
Aug 10, 2006, 01:16:04 PM
state of florida

my children were temp. in the care of there mothers aunt for 3 months.
state is seeking support for a year, I want to send a affidavit to the aunt to sign stating the date children were returned, amount of money sent to aunt, and that she doent have custody, she says the dept. of revenue told her not to go to last hearing and she doesnt have to attend.

she doesnt want to come to court and says get involved but, she already is involved.

before i try to subpena her to court i wanted to type a letter along with the affidavit for her to sign and have notorized.

question;

1. it needs to be worded in a way he that will motivate her to sign in leu of the inconvience of coming to court

2. any ideas on how to compose this letter instructing her to sign to avoid going to court

thanks again for your help
#25
state of florida

I petitioned the court for a hearing concerning past due child support,
motion was filed to set aside order cause obligee is a legal strnger to me and my children who i have custody of.

this was filed 5 months ago, just recieved court orders from dept of revenue that a hearing was held and my petition was denied, frankly due to the fact i didnt show up for the hearing as i was unawre of it.

the papers state that i can file a motion to vacate this order in 10 days.

question.

1. how can I get this hearing scheduled again to prove my case?

2. is it likely a hearing officer would reconsider and alllow me to present my case?

. can I file a motion to vacate based on the fact that i was not notified of this hearing?

3. any suggestions?

thank you
#26
Dear Socrateaser / abandonment/parental rights
Aug 01, 2006, 11:05:02 PM
state of florida


Father lost custody due to court findings of abandonment.
mother has custody and has past due child support owed to father.
Father does not pay child support and has left the country with no address.


question:

1. If mother has fathers parental rights terminated due to abandonment will she still have to pay past due support?
#27
Dear Socrateaser / medical Insurance
Jun 10, 2006, 03:11:22 PM


state of florida


my spouse and I are in process of divorce spouse carried insurance on me and my biological children as well as there own biological children,
spouse dropped me and my children from insurance.


I went to my employer to purcase insurance and was denied because it wasnt a "life changing event" (divorce not final) and was told spouse was not to drop me and the childen while a divorce is not final.


contacted insurance company and was told they would not drop coverage because divorce is not final and especially when children are involved. I was told spouse did this via computer and to tell spouse to add us back on,  the cost is no more than what they are still and have been paying?


spouse says tough luck, and insurance wont give any more details due to hippa law (they say)


also there is a child custody investigation going on concerning one of the children we both had together.


question:

1. should I be filing a motion for the judge to address this?


2. what can I do?


3. is this something the custody investigator should know about?
#28
Dear Socrateaser / marital property
Jun 10, 2006, 02:55:44 PM

Greatings socrateaser

state of florida

my spouse and I
puchased a home with mortgage 10yrs ago balance still oweing, spouse #1 left residents 3 years ago and established new residence. now seeking half equity in home, value of home skyrocketed after spouse #1's departure.



question:

1. would departing spouse be intitled to half the equity at it's current value or half the amount at it's value when they left?


2. if homes curent value is for example 400.000 with a remaining mortgage of 50,000 are both responsible for half of the remaining mortgage or is it the spouse who's buying the other out suppose to absorb the remaining mortgage?




Thanks for your opinion in advance
#29
Dear Socrateaser / state of florida
May 30, 2006, 01:12:10 PM
soc.

dependency case is coming to a close safe children coalition supervision will be terminated. Now the DOR is having a hearing for child support of children that were living with relative for about 5 months.

court has jurisdiction and may, upon good cause shoen and without a showing of a substantial change of circumstances, modify, vacate, or set aside  a temporay  support order before or upon entering a final order in a preceeding.   (according to fl statue 742.031 sub (4)(a).                


I want the court to set a child support amount or address this before closing case. DOR doesnt know the circumstances of children and is not concerned for there well-being. this will be two support orders on the same children and the DOR is only holding one parent responsible.    


With no assistance money is tight trying to raise children and my fear is another support order at this time will destroy this family.


question:

1. Can i file a motion with the court to address this issue?



2. If so, should the motion request that the case remain open in the best interest of the children or just file a motion to have this matter addressed?


3. How could this be worded?



thanks in advance


3.  
#30
soc,

 I wanted to get your opinion on this


bio/father and bio/mom have 3 children never married father payed court ordered support for children. children removed from bio/mom
by juvenile court mom/found to have neglected children, children placed w/bio father, bio/mom never completed case plan for reunification.


court ordered children to remain w/bio father, judge suspended father child support obligation,judge made mention that support was due by bio/mom and she can pay. no amount ordered by judge no amount sought by dept of revenue child enforcment.


years later bio/father accused of child abuse, children placed w/ relative of bio/mom, court reopens original case w/ these new allegations against bio/father, dept of revenue seeking support from bio/father for bio/mom relative. bio/mom did not attend any hearings and again did not complete case plan, bio/father completed case plan in record time and children returned immediately to bio/father.


court wants to close case soon.


1. question: since the court did not open a new case but, chose to reopen the original case against mom with new allegation against father
can the father have the issue of child support addressed because the court failed to seek support for the minor children when in fathers care and now seeks it from father for a relative who has only had children for a few months?



2. why is support ignored when the obligee is bio/mom
and so diligently sought when obligee is bio/father?


3. can an objection to closing the case be filed due to the courts failure to order support from bio/mom, ingnoring her obligation and duty to pay support?


4. could this be argued as a failure by the court having jurisdiction as not
protecting the best interests of the children?




5.If this was you how would you proceed