Hi, I am needing some legal assistance and or options on how to stop my income deduction at my job. My child support has been audited by the Orange County Clerk of Courts and have been told I am finished, was given a Certified Payment History with Terms and Case History along with a Arrearage Affidavit showing a balance of $1632.75 due back from ex-wife as of 6/28/12. My HR payroll manager told me this is not sufficient enough to stop deductions. It is now 8/15/12 and I cannot get a straight answer from my job on what exactly they want and the Clerk of Courts will not advise me because they are not an attorney. I do not have the funds to hire an attorney to stop child support deductions for which I have paid in full since 2004 at the same job I am at now. This does not make sense to me. I hope you can resolve this very pressing issue for me before my ex-wife recieves another check from the state. I look forward in hearing back from you. Scott O'Neill (407)808-2747 cell#
Thank you, Mr. O'Neill, for your question. Unfortunately, none of us can call you at the cell because it could be seen as "soliciting" which is forbidden by the Florida Bar. Otherwise, you can call any of us which you prefer and choose from AVVO or otherwise.
As to your question, the process is to file a Motion to Establish Arrears and to Abate Income Deduction Order. You must then set it for a Court Hearing and, therefore, send a Notice of Hearing for same. If you have no funds to hire an attorney, the Clerk of Court has a division which may hopefully help you complete the paperwork.
Alejandro R. Lopez, Esq.
Law Office of Alejandro R. Lopez, P.A.
4465 Edgewater Dr.,
Orlando, Fla. 32804
Ph.: (407) 649-1404
E-mail: [email protected]
My colleague is correct. If you don't have the funds for an attorney, you can get the forms/pleadings from the FL supreme court website
As stated, a very unfortunate situation. On the off chance this case is being enforced by the Department of Revenue Child Support Enforcement - you should be able to visit their local office and explain the situation and there is a good chance you can get immediate relief and they will immediately send the proper paperwork to your employer to terminate the IDO. Otherwise you need to probably hire an attorney - getting a hearing set on your own could take many, many months. This is why they have recently changed the mandatory language in Income Deduction Orders to specifically state when a child has emanciapted and when an IDO should stop. If the issue is as simple as your child has emancipated and you have overpaid and the clerk shows you have overpaid, I cannot imagine the attorney fee to file an emergency motion to terminate child support and the income decution order should be very expensive. As stated, there are forms if you canot hire an attorney - or in this situation even a hand-drafted motion spelled out in layman's terms would do the trick - the problem is getting it to a hearing before the Judge - which without an attorney can sometimes be difficult. And getting an order recouping overpaid child support from the payee in many jurisdictions is near impossible - so however you decide to proceecd - time is of the essence.
Family law rules differ significantly in every state, especially procedural rules. Always seek the advice of an attorney in the state where your divorce was filed.
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