Legal Question in Family Law in Florida

False affidavit of non-payment of child support

My husbands ex filed an affidavit of non-payment of child support. The Florida Department of Rev. will not let him see what was filed against him. My husband has documentation of nine years of support payments made to his ex. Plus he has sent additional money to her for all medical expenses and has paid for numorous other expenses ie: tutoring, summer camps, school supplies, and clothing. The Department of Revnue would not even look at his documentation. Plus we end up having the children more than 50% of the time due to the mother take numous vacations and trips every year. Why doesn't my husband have any rights?


Asked on 2/14/07, 3:27 pm

1 Answer from Attorneys
Marie-Anne Oatley

Re: False affidavit of non-payment of child support

If you do have the children more than 40% of the NIGHTS (not time but overnight), then he can petition to have child support modified (reduced). Secondly, if you have already gone as far as you can go with the IRS (talked to people with authority do make decisions), and you have already tried contacting the state agency (child support enforcement bureau), I would retain an attorney to deal with them and the courts, or at least clarify what the issues are.

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Answered on 2/14/07, 3:46 pm


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