change in custdy past due support

[stevenm_washington]

stete of florida

greetings socrateaser

family court division-final court orders shared parenting with the bm as primary bf to pay support and arrears

step dad (preacher) arrested for lewd and lacivious on one of the minor
children, bm agrees to and signs safe plan for children, step dad bails out stays away from home, bm places children were step dad is living with another family, police watching house arrests step dad again,
cps files  with court for children to remain with bf, court set goal for reunification of the children back with the bm, bm doe bot comply with courts plan for reunification in fact went from unsupervised visitation (exercised once started truoble) court ordered supervised visitation thru dcf mother made no attempts to visit, court ordered no contact, court found that mother neglected children and children are at substantial risk of imminent abuse, bm fled country with step dad.  children to remain with bf and child support obligation to be suspended until further court orders because he is the custodial parent. 1 1/2 yrs later state of florida files motion to abate on going child support and establish past due support and  arrears. hearing officer abated support and ordered past due support to be recalculated. cost reserved. my attorney said you dont have to worry about paying it because costs are reserved. 3 months later dept of revenue sends letter stating bf owes over due support and covers up there remedies fro enforcement with a paper stating.. "ther is no pay back amount howver if you would like to avoid going to court come in and sign a stipulation agreement for low monthly payments"  at the bottom it says if i dont comply then a court date will be set and i will have to explain why i should not be held in contempt. i thought it best to wait for the court date. my income tax was intercepted
just prior to this and i was attempting to get that back a month later my accounts were frozen. i was told twice that they would be released and it hasnt happened. my employer pays by direct deposit only. so every dime i make is being frozen.  i contacted my state rep. office who placed a call to the dept of revenue head office in tallahassee who said ther is no pay back amount and we will release your account. now the local office says that there is a pay back amount bi-weekly for about 50.00 that was entered in a month ago. my attorney checked the docket and said there wasnt. i contacted the dept back and they said there is one but its not showing up yet, theyre saying that there was one entered at the beginning of my family law case, i said theres also a income dedution order for it to if your going to go by that just deduct it from my pay as ordered, my attorney says it still needs to be ordered, now the dept of revenue wants me to agree to let them levy half my accounts, my mortgage is behind, lights, wter, phone to be turned off
and keeping half wont cover my bills then they said a third that still wont cover my bills and the kids wont get a thing for x-mas we could even have thanks giving.



1. if i file a motion to remove freeze  because this harms the children  lively hood who were removed  for there protection?


2. the dept of revenue does not know were the bm is so if they collect the money it doesnt help the chldren would this make a good argument to release the freeze?



3. i always thought that the an income deduction order was to used first before freezing ones account and levying against it is this true?


4. could freezing and levying my accounts  be considered not in the best
 interest of the children? nad is that viewed as most important to the court?

5. could enforcement be barred due to the reprehensible conduct of the ?bm?

[socrateaser]

Tell your attorney that you want him to go in to court, ex-parte and ask that the court set aside the original court order for support, on grounds that the other parent materially misrepresented her fitness to act as custodial parent (FRAUD).

The other parent can't defend, and when the court hears all the facts, it will almost certainly set the order aside. When that happens, FL CSE will lose its authority to collect any support, and you will be free.

[stevenm_washington]

thanks soc...another question


in the mean time the dept is seeking to levy on my accounts by tomorrow or i can consent to them taking about a 1/3 of total today.
or i could petition the court to contest the levy today.
(we are pretty bad off right now and the money released will cover most bills but, not all. my mortgage will have to be late lto keep power on)

1. by consenting to this 1/3, will this cause a problem with having the original order set aside


2. I guess i should take what i can and not let these children suffer any longer what do you suggest?

[socrateaser]

>1. by consenting to this 1/3, will this cause a problem with
>having the original order set aside

If you go into court and explain your situation, and it is REALLY as bad as you assert here, and you suggest to the court that the other parent defrauded the court, that will give the judge everything he/she needs to set aside the original order. And, when he does, you can also ask that the set aside order tell ALL third parties to release any holds on your funds that may have been placed by CSE.

>2. I guess i should take what i can and not let these children
>suffer any longer what do you suggest?

I already suggested what I suggest. You have an attorney, or so you said. What does he/she suggest? I would think that this would be a pretty important matter, and I'd be sitting in his/her office, or following him/her around the courthouse until I got what I needed.

I guess maybe I just don't understand.