FL Child Support Contempt Notice...What To Do???

[jhuddleston73]

I just received a notice in the mail today saying my ex (custodial parent) is petitioning for an order of contempt for not paying child support. I am in arrears, but I have a withholding order that tacks on an additional amount per pay period to go towards arrears. I have been paying through income deduction for quite a few years. I reside in FL and my ex resides in CA. I checked my payments on the CA website and they only go back to 2006, but there is a clear record of steady payment to at least January 2006. I started income withholding back in 2000 or 2001. There were a couple of times that I was unemployed, but the deductions resumed as soon as I started working again.
Why would I be getting such a notice when it is obvious that I have been paying all this time?  I am extremely concerned because I know how skewed a lot of the statutes are. I currently have 2 other biological children that live with me and my fiance, and I am the sole provider. Will they try to force me into a situation where I must pay a purge to avoid incarceration? I pay everything I can, and we struggle to make ends meet as it is. I know in FL there was a case, Larsen vs. Larsen that stated the non-custodial parent could not be held in civil or criminal contempt if they are financially unable to pay the purge, but I am really scared. I don't want to go to jail, lose my jobs, lose my kids, and all of that, especially since I have been paying all of this time.
Can someone give me some much needed guidance? Should I consult an attorney (which I cannot afford)?

[jhuddleston73]

Does anyone have any idea here? I am a little desperate for info, and I know there are a lot of knowledgeable people here. Out of 97 views someone has to know something....any advice or comments would be greatly appreciated. Thanks!

[shaden3]

Are you saying that the garnishments ended due to a court ordered modification when you stopped working, or that they stopped garnishing simply because you didn't have a paycheck to garnish? It's usually necessary to petition the court due to your change of circumstances (i.e., your loss of a job), and the order to reduce support would be retroactively dated to the date of your petition. However, if you stopped working and never contacted the child support agency, it's possible what you're seeing now are the arrears that built up during that time.

[jhuddleston73]

The time spans that I was out of work were short enough that I didn't bother reporting a change of circumstance. I do have an additional amount coming out each paycheck specifically for arrears, so it isn't like they are just building and building. I just don't understand why this would be coming up if I have been paying all this time. I don't have the financial ability to pay the arrears in a lump sum, and I don't have the financial ability to pay a purge, so I don't know what else to do. I pay, so why would they be coming after me for contempt??
Also, there were times that I was underemployed, as in not making enough money to pay the full amount. I was making $6 an hour at one point, had another child, rent, car payment, etc. and I asked for a modification and they reduced it by a measly $20 a month. My employer had idiots working in HR and they completely messed up my deductions. The law is that you cannot take more than 50% of the net pay for CS deductions and insurance. They took out the full amount each pay period, plus deductions, which left me with $75 every two weeks to live on with myself, my fiance, and a baby. I alerted them to their error and they basically didn't care. Regardless, I know that some arrears built up, but as stated before, I pay on the arrears every pay period. I am making a reasonable effort to abide by the order. I am not hiding from them. I am not quitting my job to avoid paying like a lot of people seem to do. I work hard and do everything I can to get ahead and now this.....should I play it safe and spend money I don't have on obtaining a lawyer? I am almost afraid to go to the hearing without one, because I have heard all the horror stories and I cannot go to jail. I have a fiance, two toddlers, and a good job that I cannot afford to lose because they want to play games with me....sorry to ramble but this is insane!!

[ocean]

They can take up to 65% if there are arrears...
Just go to the court date and how with your pay stubs that you have been paying the money and extra to pay down the arrears. They will enter it again into the system. Is it possible that BM is not getting the money? Can you see  your account on-line? Maybe the money is not being forward to her for some reason?

Could be that BM just wants more money and filed herself. Either way, just go and they will take care of it. You are willing and have been paying off the arrears. They should allow you to keep paying it off. If you can, offer another $5 a week..$20 a month to go towards arrears. If not, show them that they are taking out the max right now and if you get a raise you will pay it off faster...

[Giggles]

I can attest that FL Child support has some morons working for them!!  UGH.  My DH has an order to pay support for his child in WA.  When we moved here (to FL) he registered his order and they take the CS out of his pay...they were taking DOUBLE payments each week!!  We finally got that straightened out and then they said he was behind...uhh NO!!  Like Ocean said.  Take your paystubs proving that your paying and don't sweat it!  You don't need a lawyer...I don't think.  Now if I were you, I would set up an accounting of what you have paid so you KNOW what your arrearage amount is....I'm a CP and I keep a seperate accounting of what I have received because it seems every few years some moron at the CSE office messes something up and I have to go in and SHOW them what it should be!!

Hope this helps!!

[jhuddleston73]

Hey just wanted to update this in case anyone was wondering. FL was basically pulling in anyone they could find that had a support case and was trying to scare people into lump sum agreements before the hearing, even though my case is in CA! I told them no agreement, and when my turn came to go in front of the hearing officer, they advised me that CA had told them to cease and desist and close any open cases they had with my name on it. So everything is good! Thanks to all for your help!