up date from topic#9850

[jenjen]

soc,

This is from our previous discussions along with the original text of the order you requested, a motion was filed to set aside this order and proper forms found to subpena records from DCF regarding alledged assistance:

FINDINGS OF FACT/RECOMMENDED ORDER; AND ORDER GRANTING REINSTATEMENT OF (OR DIRECTING DOR NOT TO SUSPEND) RESPONDENTS DRIVER'S LICENSE/VEHICLE REGISTRATION PROVIDED RESPONDENT MAKES LUMP-SUM PAYMENT/PURGE


   THIS CAUSE came before the Child Support Enforcement Hearing Officer on the Respondent's Motion to Reinstate D/L, filed 3/6/06.  On 3/20/06, a hearing was conducted on this matter. Present at the hearing were:

Petitioner:      X     Counsel for DOR appeared, N. Levin, Esq., A.A.G.
             X     A representative for DOR was present at the hearing.
                      X           Individual petitioner failed to appear in person or telephonically.

Respondent:   X   Appeared in person, acting pro se.

   The Child Support Enforcement Hearing Officer, after reviewing the court file and the previous pleadings, and having considered the testimony of the parties and the evidence presented, hereby makes the following findings of fact and recommends the following order for entry:
   
   FINDINGS OF FACT/RECOMMENDED ORDER

       This court has jurisdiction over the parties and over the subject matter of this proceeding.


X   IT IS HEREBY RECOMMENDED that DOR reinstate the Respondent's driver's license/vehicle registration upon a lump-sum payment/purge of $100.00, to be paid within 30 days of the date of this order.  See Larsen v. Larsen, 901 So. 2d 327 (Fla. 4th DCA 2005).  Based on the evidence adduced at the hearing and/or the Respondent's voluntary admission at the hearing, the Respondent has the present ability to pay this amount.  If the Respondent's driver's license/vehicle registration has already been suspended, the Respondent, to obtain reinstatement, must take a copy of his/her receipt from the clerk of court (after he/she pays the lump-sum payment/purge) along with a copy of this order to DOR at Office of Child Support Enforcement, 19345 U.S. Highway 19 North, Clearwater, Florida 33764.  DOR's costs are denied as this is the Respondent's own motion.

X   IT IS FURTHER RECOMMENDED that the Respondent be reminded that his support obligation in this case is $47.83 bi-weekly toward arrears of $11,938.80 as of 3/20/06.  The Respondent is currently obligated by law to make this payment. A new income deduction order is attached. If the Respondent does not begin making this payment, DOR will re-commence enforcement proceedings, including re-suspension of the Respondent's driver's license.   


INCOME DEDUCTION ORDER:   All payments ordered shall be by Income Deduction Order, in accordance with section 61.1301, Florida Statutes.  A separate Income Deduction Order shall be issued with this order, attached hereto, and incorporated by reference herein, to be effective as indicated.  The Respondent is required to make payments directly to the State of Florida State Disbursement Unit until such time as the payments are automatically garnished from his/her paycheck, and at any time thereafter if his/her employer is not withholding the payments directly from his/her income.

GENERAL PAYMENT INSTRUCTIONS:  If not being deducted directly from the Respondent's paycheck, all payments ordered shall be made to the State of Florida State Disbursement Unit, P.O. Box 8500, Tallahassee, Florida 32314-8500.  The case number (on the front of this Order) and the county number (Pinellas 52) shall be indicated on each payment.  Payments may be made online at http://www.myfloridacounty.com/services/child_support/.  No credit for payment will be given to the Respondent for any payment not made payable to the State of Florida State Disbursement Unit.  No credit for payment will be given to the obligor for any payment given directly to the petitioner or custodial parent.  The voice response number for payors is 1-877-769-0251.  Pursuant to Florida Statutes, the State of Florida Disbursement Unit shall disburse all monies received to the Department of Revenue, CSEU, 1317 Winewood Boulevard, Tallahassee, FL 32399.

FAILUR TO PAY:  The Respondent's willful failure to pay child support may subject him or her to a wide range of penalties, with or without notice, including but not limited to:
·   income deduction orders forwarded directly to employers;
·   intercepts of federal income tax refunds;
·   intercepts of Florida lottery winnings;
·   reporting of past due support amounts to credit bureaus;
·   denial of U. S. passport;
·   suspension of driver's license and motor vehicle registration;
·   suspension of professional license;
·   judgment by operation of law, which collects interest;
·   personal property liens;
·   levy of funds located in bank accounts;
·   civil contempt action,
whereupon a writ may be issued for the Respondent's arrest, and/or whereupon the Respondent may be sentenced to the Pinellas County Jail to serve a period of incarceration.
-  criminal contempt action, whereupon the Respondent may be sentenced to the Pinellas County Jail to serve a period of incarceration;

 




INCOME DEDUCTION ORDER

To:   Present and subsequent employers/payers of, Respondent.
YOU ARE HEREBY ORDERED, pursuant to Florida Law, to make regular deductions from all income of the above-named Respondent in accordance with the terms of the order and attached NOTICE TO PAYER (EMPLOYER).
YOU ARE FURTHER ORDERED:
1.   To deduct from all income due and payable to Respondent in the amount of $ N/A
as current support, plus $ 47.83 until existing retroactive support/arrearage of $11,938 as of 3/20/06 is paid in full.  Therefore the total periodic payment will be $47.83 , beginning next charge date . These periodic payments are due biweekly thereafter.
AFTER THE EXISTING RETROACTIVE SUPPORT HAS BEEN PAID IN FULL: Then you shall deduct from all income due and payable to obligor $ N/A .
Pursuant to sec. 61.1301,F.S., in a Title IV-D case, if an obligation to pay current support is reduced or terminated due to the emancipation of a child and the obligor owes an arrearage, retroactive support, delinquency, or costs, income deduction continues at the rate in effect immediately prior to emancipation until all arrearages, retroactive support, delinquencies, and costs are paid in full or until the amount of withholding is modified. Any income-deducted amount that is in excess of the obligation to pay current support shall be credited against the arrearages, retroactive support, delinquency, and costs owed by the obligor.
2.    To provide the Court depository the date on which each deduction is made.
3.    Not to deduct in excess of the amounts allowed under s. 303(b) of the Consumer Credit Protection Act, 15 U.S.C., s.1673(b) as amended 50% if disposable income where the Respondent has a second family, 60% where there is no second family, and an additional 5% of either limit if the arrearage is equal to 12 weeks or more in support payments.
4.     To deduct 100% of any income paid in the form of a bonus or other similar one-time payment, up to the amount of arrearage reported in the income deduction notice or the remaining balance thereof and forward the payment to the court depository.
5.     This order shall include 30% of each benefit payment paid by the Florida Department of Labor and Employment Security.  The amount deducted shall not exceed the amounts allowed under Sec.303(b) of the Consumer Credit Reporting Actm 15 U.S.C. s. 1673(b) as amended.
6.     GENERAL PAYMENT INSTRUCTIONS: All payments made pursuant to this Order shall be made payable to State of Florida Disbursement Unit, and shall be mailed to State of Florida Unit, P.O. Box8500, Tallahasee FL 32314-8500.  The voice response number for payors is 1-877-769-0251. The case number (listed above) and Pinellas County shall be indicated on each payment. No credit for payment will be given to the obligor for any payment not made payable to the State of Florida State Disbursement Unit.
7.     This order is effective immediately. The obligor is directed to the Statement of Obligor's Rights, Remedies and Duties attached.
DONE AND ORDERED this day of __________________.  Circuit Judge
STATEMENT OF OBLIGOR'S RIGHTS, REMEDIES AND DUTIES
REGARDING INCOME DEDUCTION ORDER

YOU ARE HEREBY advised that you have the following rights, remedies and duties in regard to the Income Deduction Order.
1.    The total amount of income to be deducted for each pay period is as provided in this income deduction order. These stated totals include the depository's fee. In addition, your employer and/or payor may deduct up to $5 for the first time a deduction is made and $2 for each subsequent time to cover his administrative costs.
Pursuant to sec. 61.1301, F.S., in Title IV-D case, if an obligation to pay current support is reduced or terminated due to the emancipation of a child and the obligor owes an arrearage, retroactive support, delinquency, and costs owed by the obligor.
2.    The Income Deduction Order applies to current and future employers and/or payors.
3.    You are required to notify in writing the Office of Child Support Enforcement at the address below within seven (7) days of any changes in your address or any change in your employer and/or payor or his address.
4.    You have the right to contest this action by applying to the court for a hearing within (15) days from the date of the order of income deduction.
5.     Enforcement of income deduction may be contested on the ground of mistake of fact regarding the amount of support owed pursuant to a court order, the amount of the arrearage (if any) or the identity of the defendant.
6.     If you do not contest this action within fifteen (15) days, the payor of your income will be given a copy of the court order requiring deductions be initiated against your income in payment of your child support obligation.
7.     The total amount to be deducted by the payor of your income may not exceed those limits established by the Consumer Credit protection Act, 15 U.S.C. 1673(b), (50% of disposable income where there is a second family, 60% where there is no second family, and an additional 5% either limit if the arrearage is equal to 12 weeks or more support payments).
8.     The payor is required to deduct income in the form of a bonus or similar one-time payment up to the amount of arrearage reported in the income deduction notice or the remaining balance thereof and forward the payment to the State of Florida Disbursement Unit. For purposes of this provision "bonus" means a payment in addition a defendant's usual compensation and which is in addition to any amounts contracted for or otherwise legally due and shall not include any commission payments due a defendant.
9.    Send all notices or inquires are to be sent to Florida Department of Revenue, Child Support Enforcement at:  19345 US 19 North Suite 101, Clearwater, Florida 34624










ATTACHMENT A

 CURRENT      RETROACTIVE SUPPORT
               TOTAL AMOUNT DUE    PERIODIC PAYMENT
               FOR PERIOD OF ___________
         
               TO 3/20/06
Child Support $ N/A         $ 11, 938         $ 47.83
Alimony   $_____      $_______         $_____
Other       $_____      $_______         $_____

*INSTRUCTIONS:

PAYMENT FREQUENCY:   biweekly
 
   PAYABLE THROUGH THE STATE OF FLORIDA DISBURSEMENT UNIT

Payments to begin next charge date
   

PREVIOUS EMAIL EXCHANGES

3 posts        

#9850, "I have custody and dor still wants child support"Wed Apr-05-06 03:24 AM by jenjen              greetings socrateaserState of floridaa 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. dollarsbiological 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 owesthe 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 justifythere findingsthe 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  
Alert | IP    Printer-friendly copy | Reply | Reply with quote | Top




 Replies to this topic


    socrateaser   Wed Apr-05-06 11:34 AM
Member since Nov 22nd 2003 4208 posts    

#9860, "RE: I have custody and dor still wants child support"In response to Reply # 0             >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. "A child of five would understand this -- send someone to fetch a child of five!" -- Groucho Marx  
Alert | IP    Printer-friendly copy | Reply | Reply with quote | Top




       jenjen   Wed Apr-05-06 12:14 PM
Member since Oct 23rd 2005 3 posts        

#9862, "RE: I have custody and dor still wants child support"In response to Reply # 1Wed Apr-05-06 12:15 PM by 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  
Alert | IP    Printer-friendly copy | Reply | Reply with quote | Top




            socrateaser   Wed Apr-05-06 12:58 PM
Member since Nov 22nd 2003 4208 posts    

#9865, "RE: I have custody and dor still wants child support"In response to Reply # 2             >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 matterYou 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.

[socrateaser]

I'm not gonna try to find our conversation hidden within those big blocks of text.

Maybe if you just post the text of the orders on the original thread, I can read everything from there, and that thread will be bumped to the top of my list. I sort by last updated date.