Any advice at all?

[missmindy]

I hope you have had experience with this matter. My husband had a child support case with his ex girlfriend from 1995 until January 2001, when at the last court date she asked DOR to terminate the case. The judge allowed this, and the arrears that had accrued over the years were abated, which was told to her by the DOR representative. They had an ongoing seperate agreement and he paid support to her directly with no agency involved. He got receipts signed by her each time. Well, for whatever reason she decided that she didn't want that anymore and had papers filed to have it paid to the state depository and sent to her instead of my husband paying her. She has moved to Texas since the case was dropped, which he did not agree to, knew nothing about until 2 months after she moved, but even so, he sent support to her when she finally called and told him where she was. Now she's filed all kinds of papers about support and arrears, including the arrears that were dropped in court, which had since agreed between themselves not to worry about, and she's filed for the payments that he's missed since it was closed with DOR. My question is, since she was told the arrears were gone, she couldn't get them, how can she now file for them and expect to get them? Is this possible? Also, there was no court order for support after the case was closed, which he understands to mean there is no legal obligation for support without one, but she's filing for this also. He was not a deadbeat who didn't pay; the type of work he's in, excavating, depends highly on the weather. If it rains, they can't work that day, and maybe not until the ground is dry enough. He fell on hard times and missed, not because he didn't care or was a deadbeat. Has anyone dealt with this type of thing at all? The mother is just doing this to be vindictive because I had a baby recently and she is jealous. They have their one daughter, who has several heart defects, and the mother is jealous that I had a girl baby. She has told people this and since she found out about me being pregnant is when this whole thing started. She's money hungry and vindictive, not to mention a lunatic. She does not work and her only income is the child's SSI, my husband's money and TANF if she receives it. She's NEVER worked, I don't mean she's just out of work right now. She has never had a job longer than a month, and since 1995 when they split she has had 2 jobs. And yet she harrasses my husband for his hard earned money. PLEASE write if you have advice, thanks! P.S. There is more information about this case under the Child Support Issues forum, this was just the first post about it.

Mindy

[MKx2]

You stand a far better chance of getting a solid answer (or even an answer!) if you post according to the Mandatory Guidelines - the link for it is just above where the actual posts start in the upper left.

Also, it would be a good idea if you were to incorporate your second post with this one.  Soc is very busy and does this service for SPARC gratis - anything we can do to make it easy for him to read and reply (rather than directing him to another board) is the best way to get correct information from him.

No offense meant - just want to make sure you can get your answer in a timely manner.

[missmindy]

OK, I don't totally understand how to correctly do this but I'll try. I guess I'll just rewrite it.

     In January 1995 my husband and his ex-girlfriend went to a court date concerning child support. At the time he was in arrears of about $1600. On her own the mother asked that the case be closed through DOR and he pay her directly. The judge agreed.

     It was told to her during this hearing that the arrears would be abated if she did this and that DOR could never be involved again and she said that was fine, that's what she wanted, the past didn't matter as long as everything was OK from then on.

     It was written up into an order, etc., which stated the arrears as of the court date were $0. She was also told he had no legal obligation to pay support, and she didn't care, she just didn't like DOR sending the money for whatever reason.

     My husband has paid her support directly since then, getting receipts signed by her when she lived in town and sending money orders by certified mail after she left the state (WITHOUT his knowledge until after the fact).

     He has missed payments, which we both know was wrong, but in the line of work he is in it depends a lot on the weather; i.e., if it rains, he can't work that day, and sometimes until the ground dries out. They talked about this and she said she understood.

     In August of this year she and HER mother filed papers, such as an affadavit of child support delinquency and had an audit done, to try and collect the past arrears and the payments that he missed after the case was closed.

     She has also asked the court for numerous other things including appointment of a handwriting expert to prove that all of his receipts are FORGED (AFTER she filed and affadavit admitting ti the payments she DID get).

     Question 1-Can she possibly get the arrears that she abated through court?

     Question 2-Could she get the arrears that he accrued AFTER the case was closed? It seems like it will take a whole lot for the judge to get to the truth, which will probably never happen. And this woman's mother is the one filing all these things and annoying the court.

     If this post is still unacceptable please let me know and I'll try to reword it. The long paragraphs are just how I write, and I apologize. Thanks iin advance.

[MKx2]

.

[missmindy]

Thanks...I'm new so I wasn't sure about the rules. I'm glad you brought that to my attention. I feel like I left something out so if I think of anything is it OK to add it later? Like in a new post? I tried to think of everything I had written on the other forum......

[socrateaser]

>     Question 1-Can she possibly get the arrears that she
>abated through court?

No, as long as you produce the judgment stating that you have no obligations for arrears or support.

>  Question 2-Could she get the arrears that he accrued
>AFTER the case was closed?

If your order states that there are no arrears and no obligation for support, then there's nothing for her to get, because you have no obligation to pay. Any money paid by you after this judgment was signed and entered into the court record, would be considered a gift to the other parent.

[missmindy]

Thank you socrateaser.....she insists that there is some loophole that she has got him on but we cannot see it. And the order states that "all ongoing support and arrears payment will be made directly to the custodial parent".

1. Could that be what she is referring to? (We understood ONGOING to mean what happens after it was dropped, so if the court still considered there to be arrears then why does the order state $0?) And also that without a court order a parent HAS no obligation to pay. Thank you!

[socrateaser]

you should post the exact text of the order. your last quote indicates that ongoing support was not terminated, so you may still be obligated.

[missmindy]

The quote in my above post was the words on the order. I think that he may be obligated to pay what he has missed since the case was closed but possibly not the previous arrears as the balance stated on the order was $0. Even close to correct???

[socrateaser]

if you want my analysis on this issue, please post the EXACT text of the ENTIRE court order (you may obscure all the private info).

[missmindy]

OK, I'm sorry....I should have thought of that. Here it is....
__________,
and the state of Florida Dept. of Revenue,
Petitioners,
                                                                Recommended Order
                                                          On: Motion for Contempt
v.

________,
Respondent.
__________________________/


THIS CAUSE came to be heard on January 24, 2001 on the issue(s) noted above, prsuant to Fla. Fam. L.R.P. and current administrative orders,

X The parties duly noticed/served        The Respondent brought before the court

There appearing:
X Individual Petitioner
X Petitioner's Counsel
X Respondent


FINDS:
1. The Respondent is in arrears in the payment of child support in the amount of $0.00     as of January 24, 2001.

2. N/A The Respondent has had in the past and presently has the ability to comply with the orders of this or any other Court of Competent Jurisdiction and has failed to do so.

            Page 2
RECOMMENDED AS FOLLOWS:

N/A 1. The adjudication of contempt is hereby:__denied___withheld__reserved.

N/A 2. Respondent is in contempt with a reservation on terms.

N/A 3. The Respondent be taken into custody in court on ----to serve a term of-----days in the ******Jail. He be released at any time upon payment of the sum of $---------.The Respondent appear before this court at the next scheduled docket date.

N/A  The Respondent shall pay a purge $----- or serve --- dyas in the **** County Jail. Commitment for this contempt, hoever, can be deferred on the condition that the Respondent pay the sum of $---- on or before ----- AND continue making support payments as previously ordered during the monitoring period or the original sentence shall reinstate.  Failure to comply with paragraph 6 may result in the issuance of a Writ of Attachment.

        4. Respondent shall pay attorney's fees an costs of $90.00 within N/A days from the entry of this order to the Dept. of Revenue, Child Support Enforcement, (address).

        5.  Either party may move to vacate this order within 10 days of entry.

        6. It is further recommended that:  The Parties have separate agreement, all ONGOING support and arrears payment will be made directly to the custodial parent.

In view of above, the Hearing Officer herein recommends entry of this order.

Dated at (city), (county), Florida, this 5th day of Febuary, 2001.


                                                         Hearing officer's signature
 

                        Page 3

     THIS CAUSE came to be heard upon the Recommended Order of the Hearing Officer, and the undersigned having considered the findings and recommendations therein, and being advised in the premises,

         It is ORDERED AND ADJUDGED:

         1. That this Recommended order is hereby ratified and approved.

         2. That the partied herein are ordered to abide by all the findings and recommendations contained therein as this Court's Order.

         3.  That all prior orders not inconsistent herewith are reaffirmed.

         DONE AND ORDERED this 6th day of Febuary, 2001.


                                                     Judge's Signature
----------------------------------------------------------------------------------

Will this be OK? The places that I left ateriks are personal info. Also, if you need to see it, I also have the order from September ordering payment through the state depository, which also states the arrears as $0. Let me know if that is something you would need to view. Thanks!

[socrateaser]

OK, my interpretation is that the orders for child support that existed prior to the above-posted orders, whatever they may be, remain valid and in force, and only the arrears accrued prior to Feb. 6, 2001 were purged by the above orders. Therefore, you can be held in contempt  for any non-payment of the original support order that has accrued since Feb 6, 2001.

[missmindy]

Thank you socrateaser; that's basically what we decided would probably happen but wanted a more expert opinion. The court date that was set has been cancelled, so we don't know what's going on yet. Thanks for your input!