whywon'ttheyleaveusalone
05-20-2006, 04:03 PM
My Husband I And Have Been Together Almost 13 Years. He Has 2 Children From 2 Different Women. One Of My Stepchildren Lives With Us While The Other Still Resides With Her Mother. Well, To Make A Long Story Short. My Husband Was Put On Child Support When My Stepdaughter Was 7 And She's Now 16. My Husband Was Ordered To Pay 7 Years Of Back Child Support. Everything Was Fine Up Until About A Month Ago. The Florida Dept Of Revenue Has Since Sent Us A Letter Advising We Owe Approximately $15k In Back Child Support And We Need To Pay It In 5 Days Or Else His License & Registration Will Be Suspended. I Immediately Responded To The Letter Of Course Advising We Did Not Have That Kind Of $ And Asked To Be Put On A Payment Plan. My Husband's Taxes Have Been Seized For The Last 4 Years And We Pay An Additional $5 Per Week To Go Toward The Back Pay. My Question Is This. What Would Have Brought This On? Do We Have Any Recourse? I Just Checked The Mail Today And Now The Letter Says That We Owe His Ex $4310 In Back Pay And It Needs To Be Paid In 20 Days. My Husband Has Called The Dept Of Rev On Several Occasions And He's Gone Down To The Local Office. We Just Made A Lump Sum Pymt In The Amount Of $400 And Agreed To Pay An Addlt $45 Per Month To Go Toward The $15k In Back Pay. He Is Not A Dead Beat Dad! His Ex Was Taking His $ Before He Was Placed On Child Support And Also Getting A Check From The Govt. We Were Thinking Of Taking Out A Loan From The Bank And Paying Off His Back Child Support And Future Child Support Since She Will Be 18 In Jan Of 2008. Are We Required To Pay Child Support In Florida Until They Graduate Or Turn 18? Do You Think This Is A Good Idea To Just Pay It Off And Get The Dept Of Rev Out Of Our Hair. We Would Rather Owe The Bank $20k Than The Govt. He Needs His License To Keep His Job But It Seems Like Nothing We Have Done So Far As Helped To Rectify The Situation. Any Ideas And/or Comments Would Be Appreciated. THANK YOU.
mommyof4
05-22-2006, 10:10 AM
If I were you, and this is going to be an ongoing problem, I would take out the loan to pay the back support and put the rest into a seperate account to be used ONLY for the child support. That way, you know the money is there to pay the support and the arrearages are paid off. DO NOT pay all of the child support up front. Your husband will owe CS until she is 18 or graduates from HS, which ever comes LAST. Your husband will need to file for a motion to stop payment of child support approximately 30 days before the last payment is due. If he does not, he will owe support until a stop payment order is put in place, even if it is after CS would normally stop.
My Husband I And Have Been Together Almost 13 Years. He Has 2 Children From 2 Different Women. One Of My Stepchildren Lives With Us While The Other Still Resides With Her Mother. Well, To Make A Long Story Short. My Husband Was Put On Child Support When My Stepdaughter Was 7 And She's Now 16. My Husband Was Ordered To Pay 7 Years Of Back Child Support. Everything Was Fine Up Until About A Month Ago. The Florida Dept Of Revenue Has Since Sent Us A Letter Advising We Owe Approximately $15k In Back Child Support And We Need To Pay It In 5 Days Or Else His License & Registration Will Be Suspended. I Immediately Responded To The Letter Of Course Advising We Did Not Have That Kind Of $ And Asked To Be Put On A Payment Plan. My Husband's Taxes Have Been Seized For The Last 4 Years And We Pay An Additional $5 Per Week To Go Toward The Back Pay. My Question Is This. What Would Have Brought This On? Do We Have Any Recourse? I Just Checked The Mail Today And Now The Letter Says That We Owe His Ex $4310 In Back Pay And It Needs To Be Paid In 20 Days. My Husband Has Called The Dept Of Rev On Several Occasions And He's Gone Down To The Local Office. We Just Made A Lump Sum Pymt In The Amount Of $400 And Agreed To Pay An Addlt $45 Per Month To Go Toward The $15k In Back Pay. He Is Not A Dead Beat Dad! His Ex Was Taking His $ Before He Was Placed On Child Support And Also Getting A Check From The Govt. We Were Thinking Of Taking Out A Loan From The Bank And Paying Off His Back Child Support And Future Child Support Since She Will Be 18 In Jan Of 2008. Are We Required To Pay Child Support In Florida Until They Graduate Or Turn 18? Do You Think This Is A Good Idea To Just Pay It Off And Get The Dept Of Rev Out Of Our Hair. We Would Rather Owe The Bank $20k Than The Govt. He Needs His License To Keep His Job But It Seems Like Nothing We Have Done So Far As Helped To Rectify The Situation. Any Ideas And/or Comments Would Be Appreciated. THANK YOU.
Assuming that your hubby has been paying CS on a regular basis, there isn't any real reason for DOR to send the letter, other than stupidity. (which they are good at).
I agree with the other poster, howver, before you get a loan, find out if the DOR is charging interest on the arrears (or retroactive CS). If interest is being charged, ask how much the rate is. Then get a loan to pay it only if you will save money in interst by doing so.
DO NOT pay anything toward future CS. In Florida the law doesn't allow for that, and your hubby would most likely end up paying double. As was suggested, put that amount into an account to pay the CS with each week.
When your hubby does pay off the arreas/retro he needs to go to the court clerk to get a statement of arrears payoff also.
In Fl. on-going CS will continue until the child is 18, or is still in HS with reasonble expectation of graduating befor age 19.
About 1 to 2 months before CS is due to stop your hubby should simply go to the DOR and ask them to stop garnishment/enforcement. He will not have to pay to go to court, the DOR is bound by state and federal law to stop CS at time of emancipation if no arrears are owed.