Legal Question in Family Law in Florida

Cse will not enforce my case!!!

According to Child Support Enforcement Office they can't enforce my case because the NCP has filed a doctor's statement that says he can't work (not disabled to work) for a year due to medical reasons & every time his medical waiver it's about to expire he'll renew it with a new one. I've been like that for 2 years when I know he's been working. They say the only way they would enforce the case is with a paycheck of him. The only proof I have is his tax returns that IRS sends to me. Is this true or there is a loop hole somewhere? The only thing I want them to do is take my case to court where he can prove to the judge the he can't work at all. But CSE refuse to send the case to court saying it will not be approved for reviewing & they say if I open the case for review/modification (which has been due 2 years ago) the judge might lower his child support payments. The NCP can be doing this every year without any proof of disability or at least an aplication for disabilty? I know he has a medical condition that impares him to work on what he do but does not impaires him to work at all!!! What can be done?

What are my children legal rights for support under this circumstances?

I will appreciate any advice


Asked on 10/02/07, 10:14 pm

1 Answer from Attorneys

Scott R. Jay Law Offices of Scott R. Jay

Re: Cse will not enforce my case!!!

NOTE: This communication is not intended as and should not be interpreted as legal advice. Rather, it is intended solely as a general discussion of legal principles. You should not rely on or take action based on this communication without first presenting ALL relevant details to a competent attorney in your jurisdiction and then receiving the attorney's individualized advice for you. By reading the "Response" to your question or comment, you agree that the opinion expressed is not intended to, nor does it, create any attorney-client relationship, nor does it constitute legal advice to any person reviewing such information, nor will it be considered an attorney-client privileged communication. If you do not agree, then stop right here, and do not read any further.

If you are unable to convince them to take this case to court you may have to either do it on your own or hire a private attorney to represent you. State prosecution of deadbeat parents is provided in many cases but there are times when private attorneys are needed to prosecute cases that the State either does not want or is too busy to handle in a timely fashion.

Scott R. Jay, Esq.

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Answered on 10/03/07, 12:20 am


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