Legal Question in Family Law in Florida

I need help child support fraud

I was served with child support papers and approximately 45 days later I deployed to Iraq. I called the courts and they stated that I needed to send a letter to them basically asking that the case would be heard upon returning from war I did as directed 12 months later when I returned from deployment I found out that my driver�s license was suspended and that I owed over 10,000 in back child support. The courts continued on with the case to my surprise so in order to get my license reinstated I had to sign an agreement to deduct money from my pay monthly. Also my income taxes have been taken every year since at the time I was making 1700.00 per month but I was paying 350.00 in support. I was married with another child at the time and under the soldiers and sailors act I should have been given an opportunity to defend the charges. But on to my real question I have day care receipts from 1997 the year my son was born up to 2002 when he started public school also, checks made out to her for child support, and he has been covered under tricare medical and dental since I joined back in 2001. My question is to fold 1. What can I do to get this case reopened, overturned, or thrown out. The second part


Asked on 2/22/08, 10:05 pm

3 Answers from Attorneys

Re: I need help child support fraud

I believe you should be able to file a Motion to Vacate the Order of Support based on the Sailor and Soldiers' Relief Act. Once this order is vacated, you would then have an opportunity to present your receipts and other evidence to obtain a credit against arrears. You should contact a military lawyer to help with having the Courts vacated your order.

Read more
Answered on 2/27/08, 1:59 pm
James Hart The Hart Law Firm, P.A.

Re: I need help child support fraud

If you have receipts and proof of payments, you need to file a motion to recalculate child support and include exhibits showing why the original order is wrong. Since you were deployed when the original order was entered, then you should have grounds to do this, but I would check with a military family lawyer first to make sure.

Read more
Answered on 2/26/08, 10:24 am
Brent Rose The Orsini & Rose Law Firm

Re: I need help child support fraud

Since you were served before you were deployed, you may not have received the full protections you are normally entitled to under the Servicemembers Civil Relief Act. Nevertheless, you did have the right to have your trial delayed until your return to the States. It wouldn't have stopped back support from accruing, but it would have stopped suspension of your license.

You need to find an attorney who knows military family law (check near a military base) to help you get your judgment set aside (though you may be too late for that) and have your license reinstated.

Read more
Answered on 2/23/08, 1:21 pm


Related Questions & Answers

More Family Law, Divorce, Child Custody and Adoption questions and answers in Florida