setting hearing

[jenjen]

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!!!

[socrateaser]

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

Not an amended motion.

If you have already received a "default," and you are now owed ongoing support from the other parent, then you have two choices:

(1) You could wait until the amount of support in arrears due is greater than or equal to the amount held by the state and unclaimed, and then move for a money judgment on the arrears. Simultaneously, you can ask that the court order the judgment statisfied from the amount held by the gov.

(2) You could file a motion to have your ongoing support owed deducted from the amount held by the state and paid to you incrementally.

In both cases, if you've obtained jurisdiction over the other parent by publication, then you can probably serve your motion against the court clerk, or however it's done in FL for an opponent served via publication. You must also serve the State child support enforcement agency. I doubt that they will oppose your a motion.

>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?

Irrelevant.