Legal Question in Family Law in Florida
i am a disabled, collecting disability, father of 3. My ex wife collects ssdi from my behalf which is half of what I receive. My child support obligations is $750 per month. My Ex receives $873 per month. Am I still responsible for paying her $750 per month?
I live in Florida, while my ex and our children live in Louisiana.
The last time we went to court was to work out a repayment plan for said back child support. Back child support was paid in full approximately 3 years ago. The court also recognized I was on disability and has not tried to go after me for the $750 per month obligation. Am I setting myself up for disaster? Thank you for your time and any advice.
2 Answers from Attorneys
You may have significantly overpaid. Florida has a case called Wallace, found at 774 So.2d 804 that controls. You get credit for all the money the kids receive, including the back due benefits. Your obligation should have been recomputed reflecting your reduction in income.
You need to see an attorney ASAP. Never rely on the DOR attorney or Judge to give you a break.
Your kids get (or should get) separate SSDI monies, and that is the child support. If you are paying that plus $750 than you are overpaying.
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