How can I stop child support deductions from my pay, for a child that has lived with me for almost 2 years.What motion do I file

Asked about 2 years ago - Orlando, FL

My 15 yr. old son has lived with me since Jan.2011.His mom doesn't help at all yet she is getting over 400$ a month of my money.I have provided proof and child support enforcement knows he is residing with me but does nothing but send me to clerk of courts,and they can't tell me what motion I need to file.I am working father raising 3 children,I need help!

Attorney answers (3)

  1. Alejandro Rafael Lopez

    Contributor Level 15

    Answered . You must file a Petition for Modification of Child Support, a Petition for Custody (now is called a Petition for Time-Sharing, etc.), a Motion for Abatement of Child Support Without Arrears to Accrue, and a Motion to Abate/Terminate the Income Deduction Order. The Clerk will not be able to give you legal advise on how to do this, but could sell you the forms to do it and guide you through the process. Unfortunately, if the process seems too complicated for you to do alone, you may need to hire a lawyer of your choice to guide you through the case. It could be complex.

    You want to file your petitions right away because the law does not recognize your child support should be stopped just because you go to court and say the child is living with you. In the meantime, you are still under the legal obligation to pay the $400.00 per month and must pay it until a Court enters a signed order saying you don't have to. If you do not pay them, they keep accumulating and you will owe them for life.

    Alejandro R. Lopez, Esq.
    Law Office of Alejandro R. Lopez, P.A.
    4465 Edgewater Dr.,
    Suite A
    Orlando, Fla. 32804
    Ph.: (407) 649-1404

  2. Sema Yildirim

    Contributor Level 13

    Answered . Supplemental petition for modification and motion for credit.

  3. Joy Nicole Owenby

    Contributor Level 3

    Answered . You will need to file a Supplemental Petition for Modification of Child Support and Time-Sharing (if this was from a prior paternity or divorce action). You should also file to terminate/abate your child support obligation and the Income Deduction Order.

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