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View Full Version : Inmate in FL receiving back child support, paying in PA Florida


LNX_USR
07-24-2006, 04:54 PM
My ex-wife went and got back child support(even tho i had paid but she managed to destroy receipts, and waited till I was over the road in my truck to take me to court) , she lives in FL and I now live in PA. She had the State of PA enforce the FL court order. The children are 25, 21, 21 now. Yes im still paying back support. Question is she has commited a felony crime and is awaiting sentencing, after violating probation. Do I still have to pay support since she is not allowed to recieve income while incarcerated?

turbowray
07-24-2006, 05:45 PM
My ex-wife went and got back child support(even tho i had paid but she managed to destroy receipts, and waited till I was over the road in my truck to take me to court) , she lives in FL and I now live in PA. She had the State of PA enforce the FL court order. The children are 25, 21, 21 now. Yes im still paying back support. Question is she has commited a felony crime and is awaiting sentencing, after violating probation. Do I still have to pay support since she is not allowed to recieve income while incarcerated?
I am not aware of the laws here, but I would contact the child support enforcement division, and ask them. They may want you to just put it in an account until she gets out, I am not sure. Megan Ross Hutchins (sp?) knows alot about California law here, I hope she comes along. There are others also!! :p

xena
07-24-2006, 06:06 PM
My ex-wife went and got back child support(even tho i had paid but she managed to destroy receipts, and waited till I was over the road in my truck to take me to court) , she lives in FL and I now live in PA. She had the State of PA enforce the FL court order. The children are 25, 21, 21 now. Yes im still paying back support. Question is she has commited a felony crime and is awaiting sentencing, after violating probation. Do I still have to pay support since she is not allowed to recieve income while incarcerated?
You can file a motion to abate the arrears payments. You mention that she took you to court after you went over the road, were you properly notified of the petition and hearing? I'm asking because Fl is really good at issuing orders without legal notice and if that's what happened that can also be used to abate the payments. Her recieving the arrears payments while in prison is just a "reward" for committing a crime and an abatement is definately warranted at least until she gets out of prison.

Talk to a Fl attorney about what all is needed to file the motion. You can get a low cost consult by calling the Fl Bar Refferal service 1-800-342-8011. You can try to schedule an appointment and get routed to that area with a load so that it won't cost you extra travel expense.

LNX_USR
07-24-2006, 06:39 PM
i am no longer a truck driver I live in PA now. It would be expensive for me to go there. And I have family obligation here that make it impossible for me to go there also.

xena
07-24-2006, 06:43 PM
i am no longer a truck driver I live in PA now. It would be expensive for me to go there. And I have family obligation here that make it impossible for me to go there also.
OK, you can first file a motion to change venue to PA. You can do that by mail and contact the court clerk about making arrangements to appear at the hearing telephonically. Once the case is transferred you can then file a motion to abate in PA.

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