Notice of CFD received and My better half needs help

[redlady69]

A Woman Who Really Loves Her Man and wants to help him

We (my man) just received a notice to suspend drivers license and registration - claims he owes 15K dating back to: June, 2001 - (not true) child support has been deducted from his check, up until a year ago when he lost job - state (Fl) sent him to school - to better himself - he was a tile mechanic - now he is MCSE and MCSI - computer nerd. He has been looking for a job - and found one but now he has to deal w/this -

He wants to throw in the towel - and lose his license/transportation and just dry up and let the state have its way with him but I tell him he has a better way - please tell me I am not just blowing smoke?

Is there a way to prevent this from happening - so he can keep working - and if so - where do we (I) start?

Can we (he) get the child support reduced to a more managable amount so we (I) can pay monthly and not lose license? - he was paying $224.20 a week for two kids who have left the state.


The kids were moved out of state - all the way to Rhinelander, Wisc. - we are in North Palm Beach, Fl. - Needless to say he never agreed to them leaving and hasn't seen them in approx two years nothing is in divorce decree about her leaving - the flights are too much money and he tried driving one year and it was expensive - ex would't let him stay more than three days - took him 2 days to drive there and 2 days home.

Is his Ex in trouble for leaving state? without permission? Can this factor into support reduction? He will not be making the same kind of money he was - and she is working makes excellent money as a teacher in Rhinelander - thats supposedly why she left - lol


HELP US - Please - Thank you all

[MKx2]

What does the CO read with regard to custody?  Is it joint legal?  Seems to me he should have done something about it when she moved!

As far as the arrearage - if it was being deducted (and I assume that it was going through a CSEA), and he lost his job involuntarily, why did he not file for a modification of CS at that time?

Man ... if he didn't go through the legal channels he's in a boatload of poop.  Have you talked to ANYone about paying the arrearage off on a monthly basis?

Better yet, do you have an attorney?  If you don't you better get one.  I'd hate to see him lose SO much when there is no need for it to happen this way.

I don't know why, but I somehow have a feeling that you haven't given us all of the story here ... no offense, but it just seems strange that he did nothing when these two HUGE events took place.

[gipsy]

As I understand it He can go to Child support and have a review of His Income ,Based On change of circumstance , It is vitaly important that He respond to this . If the coourt order has been Made By a judge , Then It can't be changed By child support < WASH STATE > Happened to Me But then three Years later child support has notified me that there will be a review , But again It won't take place Because We Just went to trial and there will be another court order that overdides child support ,A friend of mine went to the judge w/out an atty , And got his licence back , By showing his income and Telling the judge that He Has to drive to work ,  If He Is self employed then He needs to spend some money with his book keeper Before he goes any where with this ,Before You go blow a bunch of money on an atty , I would first go talk to support enforcement , they May help him He may have no other alternative than to get an atty , I would Interview several atty's before hiring any atty , I got screwed because My first atty did not understand self employed tax returns and was un able to help me ,

[mudbunnies]

sometimes Enforcement review take entirely to long and the paying parent can starve in the meantime

if this were me.... so remember this is just my opinion

i would first file a Motion Objection to Suspension of LICENSE IMMEDIATELY which should stay the proceding until you can get a hearing and then dad needs to be fully prepared to demonstrate why his license should not be suspended and why he MUST have it to continue working to produce income to pay support, its a circle theory kind of thing

at the same time i would immediately file a Petition for Modification of CHild Support, to get the support matter reviewed, as soon as i had served the other party i would immediately file a request to send to mediation to try to get things settled nicely and quickly, i would of course include a request that my reduction be retro-active to the date of filing (anything prior to filing date is just out of luck)

ANDj

me personaly, depending on the wording in my court order.. (this being the most important factor here folks)

would either include a motion for contempt if mom moved away without permission from myself or the court if the court order, OR THE STANDING GUIDELINES that most florida counties have allowed it...

however, i would have to consider that since it appears to have been a LONG TIME since mom moved my chances at contempt are nill since i didn't act on it WHEN IT FIRST HAPPENED.....  basically i have a feeling that the judge would tell me, if it was so important why did i wait kind of thing

so i would also consider including in my Petitioner for Modification of Child Support AND OTHER RELIEF

a request that visitation be adjusted for mom's move away and that mom pay the expenses of visitation exchanges since she moved away

however, knowing that time is of the essence here, i would take the day off from work, go to the court house, get the pro se packet that most florida clerks offer, like $20 cost or something, fill out the necessary forms and get that thing filed IMMEDIATELy cause every day i wait is another day that the retroactive request can NOT touch

and at least it shows that i'm making an effort to correct the situation

additionally, i would gather all my notes, check stubs, ANYTHING showing what i paid and calculate out what is actually behind, if my dollar amount does not show what the enforcement letter stated ($15k) then I would also file a motion to correct arrearage, or something along the lines of Motion Contesting Arrearage Balance and requesting an audit of the account within 60 days and then an additionaly 30 days for my review of the audit before any further action could be taken for collection


YOU HAVE RIGHTS BUT YOU HAVE TO LEARN TO USE THEM

if unsure, just ask, what is the worst the judge is going to do, say no?

hope my humble opinion of what i would personally do helps in some way



and as always, this is just my opinion and is not legal advice in any shape or form.  legal advice can only be given from those legally allowed to give it.