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Child support arrears-Florida case but custodial parent in Kansas-how and where to ask for arrears compromise

Miami, FL |

Which state is in charge of settling the arrears, can the custodial parent make a request and if yes to whom where. I read Florida rarely compromises child support arrears- is this true? My arrears are over 8 years old and my children are nearly emancipated. I pay regularly support and also towards arrears but it would take too long to pay them off like this since my arrears are over 35k.
Original Florida order was never changed and Kansas is just collecting.

Attorney Answers 4

Posted

Florida will be in charge of the case. Remember, the mother raised the children and they needed support during their childhood. If the other parent raised them without the assistance of the support that you were supposed to pay, then you should continue to remit payments after they emancipate to repay the amount that the parent paid while you did not remit payments.

This answer is for general informational purposes only and should not be relied upon for your particular case nor is it intended as legal advice. I have not reviewed your case nor have I met with you and the answer to this question does not in any manner whatsoever establish an attorney/client relationship.

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2 lawyers agree

Posted

Florida has the jurisdiction over this. Child support arrears never disappear once the child(ren) are over the age of 18, so you would still be required to pay that. Because of the amount of arrears I would highly recommend you speaking to an attorney that can help you in this matter to see if there can be some resolution.

Please be advised that by answering this I have not formed any attorney-client relationship nor have I intended to guarantee any outcome. You should always speak to an attorney with all the details to form the best option you have.

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Posted

I agree with other counsel in this matter. However, one thing you may wish to explore is if the other parent was on aid in KS and if some of the $35K you owe is assigned to KS. If there are assigned arrears, you will need to contact KS to see if they have a program to compromise those arrears.

This information is provided for general educational purposes only including answers posted to questions asked. It is not intended to be relied on as legal advice. Your particular facts and circumstances must be considered to determine appropriate legal advice. Always consult with a competent attorney, licensed in your state, to discuss your particular situation. The material contained in this answer is provided solely for informational purposes. This information is not intended to create, and receipt of it does not constitute, an attorney-client relationship between you and the responding Attorney. The information in this answer is not guaranteed to be correct, complete or up-to-date. It should not be relied upon or construed as legal advice. You should not act or elect not to act based upon this information without seeking professional counsel. If you are also an attorney and you agree with the posted answer please check "I agree", if you are the party who posted the question and find that the answer is helpful or the best of what you have received please check the appropriate response.

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Posted

I agree with my colleagues and will not repeat. But I do want to add one thing, you might be able to negotiate a less amount of arrears with your ex, as well as be put on a payment plan. I wouldn't handle this yourself because negotiating directly with an ex is a bit difficult. I would definitely contact an attorney to aid you in this. Please feel free to contact myself or a colleague.

You can reach the Law Office of Richard S. Chizever, P.A. at (305) 974-1580 or RChiz@ChizeverLaw.com. Richard S. Chizever, Esq. is a family law attorney licensed in the state of Florida. This answer is for general information only and does not create an attorney client relationship between Richard S. Chizever or the Law Office of Richard S. Chizever, P.A. and any person. You should schedule a consultation with an attorney to discuss the specifics of your legal issues.

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