I have custody and dor still wants child support

[jenjen]

greetings socrateaser

State of florida

a little back ground children placed in the custody of biological father dependency hearing in 2002, mother found to have neglected children, step father arrested for lewd and lacivious both have fled country.

biological father has had drivers license suspended for arrears, filed motion for reinstatement of license and other relief, hearing officer ordered a purge payment of 100.00 dollar and driver license reinstated siting (larson & larson).


biological father questioned amount of debt and what it was for. print out from clek of court house has a break down and shows arrears as 2400. dollars and past due support along with fees as 8000. dollars.


biological father asked hearing officer for same consideration as was granted to DOR in an earlier hearing when DOR did not have to prove the amount they were seeking but, the hearing officer ordered that the court would recalculate.

the courts recalculated amount in the earlier hearing showed a 15000. dollar difference in the biological fathers favor from what the DOR was seeking around 28000. dollars


biological father asked the court to calculate the amount that the biological mother owes in him in support based on court documents that show the precentage and monetary amount excepted by the court in 1994 to offset the alledged amount he owes


the hearing officer would not address it. the biological father sstated that the DOR did not know the location of the biological mom. the hearing officer said it is not the responsibility of the DOR to know were the Biological mom is.

the biological father asked then who is the money going to. the hearing officer said he thinks this is for assitance the biological mother received and asked the rep from the DOR who confirmed but, still had a 2000,00 descrepency from the hearing officers amount.
 

The father began to question the rep from DOR as to who, what were, how and when was the assistance given because the sworn affidavit un the records shows an amount from  1994 when child support was ordered and assistance stopped.


The DOR rep had no idea and was not sure of the name of the person who received assistance. the biological father began asking the rep for DOR her name and position and got alot of objections from the state attorney and the hearing aofficer kept answering for the rep telling the b/o father that she just works for DOR.

the b/o father acknowledged the the hearing officer nad asked if she was a witness. once that was confirmed with a yes the hearing officer stopped interupting so the b/o father could get her name and job title.


The b/o father got orders in mail for reinstatement of DL and a monthly income deduction order for retroactive child support and an attachment added showing a total amount and the name of the obligee. the b/o father does not know who this person is.


the state rep. officer is helping b/o father by accessing DOR records as to who received this alledged assistance and has told b/o father that they feel that the DOR is stalling and trying to create something to justify
there findings

the state rep had spoken to DOR head quarters in tallahassee months ago and was told that I this debt was past due child support and I did not have to pay it. now there saying it's assistance the b/o mother received.


questions:

1. can the father file a motion to contest this order for retoactive supoort based on the amount, clarification on what the debt is for, and the order showing the obbligee as someone other than the b/o mother ?


2. If yes how should this motion be written?


3. are you familiar with larson vs larson?


4. b/o father has a case number from public assistance that he found in the court records. how does the b/o father supena records from public
assitance?

5.  b/o found a form to fill out to object to the garnishment of funds based on the fact that he is the head of house and is providing 100% of the support for the family are you familar with this form and will it applie in this case?

6. could the fact taht the children receive no assistance or support from the stae or b/o mom be a good arguement to stop the garnishment of the b/o fathers pay? ther just making it as it is already?

thanks in advance

[socrateaser]

>questions:
>
>1. can the father file a motion to contest this order for
>retoactive supoort based on the amount, clarification on what
>the debt is for, and the order showing the obbligee as someone
>other than the b/o mother ?

Let me get this straight: you have an order to pay a person child support and you don't know who that person is or their relationship to your child? Was this an order from the court or an order from DOR?

>2. If yes how should this motion be written?

Post the exact text of the order you received.

>3. are you familiar with larson vs larson?

No.

>4. b/o father has a case number from public assistance that he
>found in the court records. how does the b/o father supena
>records from public assitance?

Same way as with any other subpoena. But, it differs by jurisdiction, so I can't really help because I don't know FL Civil Procedure and i don't have time to research it.

>5.  b/o found a form to fill out to object to the garnishment
>of funds based on the fact that he is the head of house and is
>providing 100% of the support for the family are you familar
>with this form and will it applie in this case?

Nope. But it sounds good to me. If there's a lot of money at stake, you may want to get a FL attorney to finish this off for you, or at least to advise you as to exactly how to fill out the forms. Frequently, this sort of child support action has a cut off date, after which you cannot object to the order even if it's a fraud.

>6. could the fact taht the children receive no assistance or
>support from the stae or b/o mom be a good arguement to stop
>the garnishment of the b/o fathers pay? ther just making it as
>it is already?

If you owe past support for the time when the child was not in your care, or for the time that the other parent was receiving public assistance, then absent fraud, mistake, illegality or duress, you must pay.

If nothing above applies to you, then you should be able to get rid of this albatross. Your arguments above are, in my opinion, irrelevant. You either owe or you don't. In order to get the other parent to owe you, and thereby receive credit for payments not made to you, you need to file for support against that parent. If you cannot locate the parent, then you can probably serve the court, if there's an existing case number for your prior child support case, because the other parent has a legal duty to keep the court and you apprised of the other parent's location. Failure to do so is contempt, and you can therefore serve the court and give constructive notice of the new support hearing, even if you cannot locate the other parent.

That's how I'd do it, anyway.

[jenjen]

when orders were received in the mail there was a page that said attachment A.  that listed the amount owed 11000.  for retroactive support and the name of the obligee..who I nor my children have ever heard of and there is a time limit to contest this.

1. is there any type of filing I could use to buy more time and then amend the filing? at least till I can sapeak with you further on this matter

[socrateaser]

>when orders were received in the mail there was a page that
>said attachment A.  that listed the amount owed 11000.  for
>retroactive support and the name of the obligee..who I nor my
>children have ever heard of and there is a time limit to
>contest this.
>
>1. is there any type of filing I could use to buy more time
>and then amend the filing? at least till I can sapeak with you
>further on this matter

You cannot rely on my advice here as a rationale to postpone action in your case. We do NOT have any attorney-client relationship. This is just general conversation, even if it may feel an awful lot like legal advice.

If you want legal advice, then I STRONGLY urge you to contact an attorney licensed to practice law in your jurisdiction.

I have to say the above, because of my ethical duties. Otherwise, I'm practicing law in your jurisdiction without a license and that would be bad.

You must file a motion to set aside the existing order on grounds that it is the product of an obvious substantive mistake, as the stated support obligee is a legal stranger to both you and your child.

I can't tell you what forms to use or even guess at any other part of the process without reading the EXACT text of your order!

As for time limits, it could be as short as 10 calendar days. So, if you've been wandering in the desert for 40 days, then you're probably in some soup, but not necessarily. It's a specific question of FL civil procedure of which I am not prepared to answer.