Legal Question in Family Law in Florida

Re: child support being taken illegally

You will need to have the issuing court provide an Order showing that you are no longer obligated to pay child support. Then the Order will need to be provided to the agency issuing your pension and garnishing your income. This of course assumes that the court actually terminated your obligation to pay child support.

As for restitution, that will be a little more difficult. If you can prove that the military was provided the Order to cease the garnishment and did not, then you might have a claim against them for the amount taken out. However, I will go out on a limb and say that is not likely the case, as it was your responsibility to make sure the garnishment was terminated.

You might also have a claim against your ex if she knowingly received the garnishment after your obligation was terminated. I suggest that you consult an attorney locally with experience in child support enforcement for further direction.