HELP...

[DLO_FL]

On my dh's last court hearing, the GM (judge) told dh to file to end support six months prior to his son's 18th birthday...so my dh was suppose to file to end support back in January, but didn't because we don't know how to proceed...

BB is in the state of TX and we're in FL...FL has jurisdiction. After dh filed for a reduction, BB and his son took off...no communication, phone & emails disconnected and according to TX CSE she has moved but they won't tell us where.

Does anyone know what we do? Please tell me what are options are....

1. Serve TX CSE instead of BB

2. Serve BB at her mother's address.

3. Serve BB at her last address, THEN post a process of service ad in the state of FL who has jurisdiction.

4. Serve BB at her last address, THEN post a process of service ad in HER state in the last county where she lived.

TIA

[rini]

hi

2 questions

who is the money being processed through.

where is it being sent?

If Florida State is processing the monies as a uifsa claim and disbursing them through texas csu then you should be able to handle everything on the florida self help court site.

rini

[MixedBag]

Follow the procedures for serving her in the state that has jurisdiction which is FL.

And keep DHR in the loop as well since you're paying through them.

[DLO_FL]

Thank you...We did go to the FL court's web site but we couldn't find out what we needed to know to get BB served. We do know that we have to do a service by publication, but it doesn't address where we place the ad - in FL who has jurisdiction or the state where BB resides.

Also, the support case was initiated by the state of TX, with FL retaining jurisdiction over the parties and the matter. The original court order stated that the money was to be sent through the FL disbursement unit, which was then redirected to the state of Texas disbursement unit for distribution.

But then, on March 15, 2004,  dh received a letter from FL DOR/CSE, stating the case was closed...and CSE is no longer involved. This happened because TX was collecting support over FL's order, meaning payments were going to TX disbursement unit, INSTEAD of the FL disbursement unit...And since it closed, FL disbursement unit will not collect payments. Payments go straight to Tx through a TX income deduction order - BUT FL still retains jurisdiction.

We did just found BB's mother's address, couldn't we use that to serve BB? They do have different last names, but would that matter?

[rini]

hello

i would contact texas disbursement and request that they serve her with the papers.

pretty sure under uifsa guidelines that it is up to you to file the papers and it is their job to make sure she is notified of your intent to emancipate the minor.


our case is in pa but cp is in florida our case will be heard with in days of kids 18 birthday!!!!!!!!

rini

[KAT]

Florida is much like VA, 18 or 19 if still in high school. Mr. KAT's last child has dropped out (8th grade, nice eh?) we have proof & frankly aren't going to pay biohag one thin dime after the these last few (217) days are up. TicToc We have voluntary garnishment & his HR dept. (out of CA) has NO PROBLEM terminating the support order. (why does there need to another order? There doesn't.) About the only thing she can do is file a motion to show cause (contempt) against him....not likely to happen since she didn't bother to see that he any education at all. And if she does, so what? An order is an order is an order. If you read deep into your states guidelines I bet is goes further to say something like VA "High School FULL TIME with a REASONABLE expectation to graduate". Not taking one class, not being 18 in the 9th grade & not taking GED classes. Nice how CSE doesn't necessarily tell you ALL your rights eh?
KAT

[DLO_FL]

Dh's order says support continues until child is age 18 on July 7, 2005, and nothing about high school...so this does mean it ends right?

[DLO_FL]

rini, the state of TX won't do anything...we tried before with the modification thing. They said that they needed an order from the state of FL, and they would uphold any order Fl makes, but would not assist.
Thanks

[MixedBag]

Maybe, maybe not.....

My order from England says support ends when the child turns 18, or finishes "secondary education" (translation -- high school), which ever happens later.

AL says support continues until the child is 19.

I live in AL....but DHR in AL said that because the order from England originally said 18 or finish high school, it changed when my oldest turned 18.  In other words, I wasn't allowed to "move" to a state where child support would continue longer than the original jurisdiction.  Didn't matter to me, my EX insisted he needed an order -- which in the end he didn't.

And you know, I didn't have to have an order.  They just flipped the switch in the magical computer and all was said and done.

Call the court house and ask what it takes to have someone served.  You've find that outlined in the "Family Law Civil Prodedures Rules" or something closely named that.  Or in the Civil Procedures for Court.

Tell them you need an order from a judge to terminate child support, period.

And just do it early -- like now.  So say you publish the notice for 30 days in a major newspaper, and then you get in front of a judge.  If the judge didn't like what you did (went against the rules), then he'll tell you.  If you get it right, then all is said and done.

Meanwhile, write Texas a certified letter and attach a copy of the order that says child support terminates when the child turns 18 and attach a copy of the birth certificate that shows when this date happens and ASK, do I really need an order?  Maybe they'll come back and say "Nope" and keep it simple....

And actually, if TX comes back and says in writing they need a FL order to stop CS, that'll give you more reason to get FL to do something so a FL judge won't say to you "this is stupid, the order is clear".....

you know?

[rini]

hello

state of texas should still be able to tell you where they are sending the checks to.  

unless there is a domestic violence case.

any idea what county in texas she is in?

rini

[DLO_FL]

Sorry figured this thread was done...according to Tx cse that information is protected by law, hepa or something. They did say they had no active address on her since April 04...funny how she got our overage payment, though. Anyway, dh requested help from the Parent Locator System but they wouldn't help because he was in arrears, even though we overpaid by tax refund and it took them 6 months to credit him.

[Troubledmom]

I know in California, all that is required is to send via certified mail to the address of court record. It assumed by the courts that the address in their records is the true and correct address and if not the party should have/could have/ and reasonably been able to correct their address.

Florida's Code for Civil Procedure has a couple of options including mailing via registered mail to the last known address.

Here is the link for Florida's PROCESS AND SERVICE OF PROCESS
http://www.flsenate.gov/Statutes/index.cfm?App_mode=Display_Statute&URL=Ch0048/titl0048.htm&StatuteYear=2004&Title=%2D%3E2004%2D%3EChapter%2048

TM

[KAT]

I swear I must be stupid or something. For several years I've been looking for the ding-dang correct definition of *secondary education*. I've also found high school but then I've also found trade/college. What the heck! Do you have any sorta' legal website that spells this out? It's one of those stupid nagging quesitons that get you right before you go to sleep. Has nothing to do with us, but..ahh, wouldn't you know it, it says secondary in NC & thats where biotroll tried to child support shop with the amount of support & also the  the duration of support  to (like that worked). Nags me I tell ya!

Also, to the OP, if the judge didn't write it in the order that you had to file to terminate 6 months prior, then frankly, there isn't one.

I would post this on Soc's board (just make sure you follow *the POSTING rules*) in order to get an answer. I've already stated that Mr. KAT's company is stopping the support. She can go file contempt if she wants....but there isn't any way for her to prove support should continue.

KAT

[MixedBag]

you have a PM