How can I get child support arrearages removed? : My oldest daughter is 22 and 2nd oldest is 18 neither of them have lived with them have lived with their mother for more than 75% of their life. They have either lived with me or my mom. I have tried numerous times to go to court, but when I was younger was always told that I needed a lawyer and the lawyer fees were always too expensive to me. I can prove with documentation, school records, etc that my girls were with me and not their mom. How do I handle this. What should I be filing?
Frederick’s answer: Although the general rule IS that past due support is not subject to later modification by the Court as it is a vested property right, there are certain exceptions that allow the court to do in unique circumstances. The facts you have relayed suggest that you should seek a consultation with an experienced Family Law attorney in your area to review your case & facts in particular and see if you qualify to retroactively suspend the charges that accrued during the times when the children were living with you and not the other side pursuant to DOR obo Pulliam v. Watt, 681 So.2d 800 (Fla. 2nd DCA, 1996). If you can prove when the kids were living with you, the Court can go back and remove the charges which required you to pay the support to the other side for that window of time - but it cannot go back in time to make the other side be required to pay you for that same time period as you're too late to bring that claim.
Do I need to file a Financial Affidavit if the court lacks jurisdiction to determine financial issues??: I will be filing for divorce in Florida and serving my ex the papers in Texas. Because he is out-of-state it is to my understanding that the court lacks the ability to determine and financial issues. Do I still need to file the financial affidavit?
Frederick’s answer: Just because he is out of state does not necessarily mean the Florida court would not be able to exercise long arm jurisdiction over him in order to resolve the financial issues. If you have not done so already you should seek a consultation with an experienced Family Law attorney in your area to see if long arm jurisdiction is viable & to know if your estranged spouse had minimum contacts with Florida to subject him to the jurisdiction of the Florida courts.
Question about notice of delinquency child support.: I notice of deliquency child support wad filed against me for my past due support. It says it may result in a judgement. Will I go to court first or what options do I have dealing with this.
Frederick’s answer: If you file a petition to contest the alleged delinquency, then you will need to set a hearing on your motion in order to call it up to be heard. If you do NOT timely file a petition to contest, then the judgement will enter by operation of law.