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Frederick Lincoln Pollack

Frederick Pollack’s Answers

642 total


  • OVER PAID ChildSupport PASCO COUNTY FLORIDA need refund! how??

    Hello I need help with a matter of my total CS payments, According to the Clerk of Courts of Pasco Florida payment history I have paid from Nov 2011- June 2016 From my starting child support till now. Thats a total of 55 months, Right? So 55 mo...

    Frederick’s Answer

    You need to take a copy of your account payment history, showing the assessments (charges) and payments, as well as the Clerk's notes, to an experienced Family Law attorney in your area for a consultation so he/she can review them with you and verify that (1) you properly understand the account history; (2) that the support case is being properly tracked/applied; and (3) that you're getting credit for everything you think you are.

    Without doing that, it is impossible to answer your question, because (1) there may have been retroactive support; (2) cannot tell if you are accounting for the Clerk's fees per payment; (3) without the Clerk's notes, cannot tell if there was an adjusting journal entry when an arrearage was established and thus a delinquency in the ongoing obligation was moved from an OGS acct to an ARS account and then later ultimately satisfied; (4) has interest been accruing on the account due to a prior delinquency that became a judgment by operation of law: (5) have TRIP intercepts been applied; (6) math errors, etc....

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  • My ex wife don't let me talk to my daughter even though I pay child support. Can that stop me from paying child support?

    Her and I had a kid back in 2011 in Kansas and got married in 2012. In 2014 her and I split up and she has a new boyfriend. She won't let me talk to my daughter. I now live in Florida and she is in Texas. I pay child support but I never get to tal...

    Frederick’s Answer

    No. You may not stop paying child support if she denies you time-sharing or access, nor may she deny you time-sharing or access if you did not pay support. Not paying support would subject you to potential contempt and/or other enforcement actions, and you can seek to enforce any timesharing rights you have through the Court as well. In short, two wrongs do not make a right.

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  • Am I still a legal adult after divorce?

    When I was 16 I got married I'm now 17 and two months away from being 18 and I'm getting a divorce next week I wondering if I'm still to be an emancipated adult after the divorce.

    Frederick’s Answer

    You're fine. Pursuant to F.S. 743.01, once you are emancipated by getting married you remain emancipated even if you get divorced before you turn 18. Happy adulting! :)

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  • Can I take my child out of state for vacation purposes during an open family law case?

    Long story short, we were never married. There is an open family law case that goes before a judge in two months. That being said, as of now there is a one year injunction that gives me 100% timesharing of our minor child. There was never a parent...

    Frederick’s Answer

    Unless there is some specific order to the contrary that has been entered in your particular case, you are free to travel for vacation wherever you'd like while the case is pending, so long as it does not interfere or prevent whatever timesharing the other side has. The 50 mile restriction is not for traveling for vacations, it is a restriction on permanently relocating with the minor child(ren) so you cannot move away for more than a sixty (60) day period for school, work or anything like that or else you'd have to file a petition for relocation pursuant to F.S. 61.13001. As for a vacation, unless the Judge in your case has ordered that not occur, you're free to go & have fun.

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  • What form(s) should I file to terminate an IWO once an arrearage is paid (no ongoing support)?

    I have a child support arrearage that is scheduled to be satisfied next month. How do I have the IWO and disbursement account terminated? Getting a satisfaction letter from the former spouse may be difficult as she takes several months to respond...

    Frederick’s Answer

    Just contact the clerk of the court for the county where the support payments are tracked through. If you have satisfied the arrears, they will send a letter of instruction to the employer for about $7.50 in most places, with no motion nor order needed as they can do it administratively.

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  • When a girl leaving her boyfriend that she has a baby with can he keep her from leaving state with the baby

    I won't to get me and my baby away from my bf/baby daddy he is cheating on me using meth and has become abusive every chance he gets he throws mine and baby stuff out n the yard but says I can't leave state with my baby or he will get me for kidn...

    Frederick’s Answer

    If there is no judgment that establishes him as the father with timesharing rights, or least an action to establish one pending that you've been served with, then you are not bound by the relocation restrictions of F.S. 61.13001 and you are free to move anywhere you want with the baby and do not need his permission.

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  • Ex-Husband filing divorce using my social security number without my consent

    My ex-husband has been trying to file for divorce and has been pestering me about providing my social security number, each time I've refused to provide it. Just recently he told me he completed the paperwork by using the tax returns with my socia...

    Frederick’s Answer

    No. Each party is required to file a Social Security Number Notice/Affidavit detailing their date of birth and social security number for themselves and all minor children involved in the case so that the child support obligations can be properly tracked and associated with the parties and children. There is a specific standardized state form put out just for that and the information is among the items on the check list that the Judge must confirm is in the file before he/she signs any final judgment in the case.

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  • Paying child support

    My kids mother sent me a text today stating that she wouldn't be able to pay June Cs payment because I didn't send enough clothes with them for the summer and she's has to use the money to buy them clothes. It's been 2 months and I haven't receive...

    Frederick’s Answer

    No. If she is ordered to pay you $x/m in child support and she does not pay it, then she may be held in contempt of court, have her driver's license, vehicle registrations and/or business license(s) suspended and many other enforcement actions.

    If you need help enforcing your obligation you may either register for support enforcement services with the Florida Department of Revenue, Child Support Enforcement Program, or you could seek a consultation with an experienced Family Law attorney in your area to help you evaluate the best way to enforce the obligation.

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  • Who is responsible for non covered medical cost for minor children after divorce

    Hi, unfortunately this was missed in our parenting plan and I have come to a problem. We have shared parenting responsibilities. I carry the health insurance for the children however the parenting plan dose not say who is to carrey the insurance...

    Frederick’s Answer

    The division of uncovered/uninsured medical expenses (such as co-pays, deductibles, etc.) would not normally be covered in a Parenting Plan. Rather this should be specifically set forth in the Final Judgment itself, as per F.S. 61.13(1)(b), unless the parties agree to a different division of them, the court SHALL order these expenses to be divided on a pro rata basis in accordance with each party's percentage of the total net monthly income used for calculating the child support guidelines - so if you had net monthly income of $2,000/m and the other side had net monthly income of $4,000/m, then you would be responsible for 1/3 of those expenses and the other side would be responsible for 2/3 of them.

    You need to look to the specific language of your Final Judgment, and if it's not then then you should seek a consultation with an experienced Family Law attorney in your area to help file an action to clarify and/or modify the final judgment to address this overlooked arena.

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  • I received in the mail Notice of Intent to Suspend Child Support For Non Payment of Support, funny thing is, I have a 4k credit

    with the child support, and the child support payments are automatically taken out of my paycheck. the letter says i have to file a petition in 20 days or tell them its a mistake, its obviously a mistake, i have huge overpayments in child support....

    Frederick’s Answer

    If you mean that you received a NOTICE OF INTENT TO SUSPEND DRIVER'S LICENSE AND VEHICLE REGISTRATION(S), then no, merely writing a letter to the Department will not protect you. You need to actually file a Petition to Contest the Suspension with the circuit court in the county where your support obligation is pending within 20 days of the date of mailing of the notice to you, otherwise the DOR's system will automatically send the notice to suspend your license the following month.

    While you certainly should follow up with DOR to point out the obvious credit - and DOR should terminate the suspension action, the only way to protect your license and insure that happens is to file the petition with the Court and then present that evidence the hearing upon same.

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