Legal Question in Family Law in Florida

Florida keeping my child support

I was informed that the State of Florida would be keeping my child support payments because I had received public assistance benefits (I could have requested 15 yrs of back child support, but only requested 6 mos). The back support payments totaled almost 5k, and his father has made two payments totaling 1700. The problem I have with this is that I did not receive assistance near that amount. Can they legally keep all that money? The ''system'' is stealing money from those who need it the most. I have searched and searched, but have not been able to find any statutes that refer to this. I do not have a problem with them recouping the money they paid out in assistance for my son, but I do have a problem with them keeping all of the money that I am supposed to be paid. I am unable to compute how 500=1700. Please explain how this works, and where I can find info on how to fight this.

Thank you!


Asked on 4/13/08, 3:29 pm

1 Answer from Attorneys
Brent Rose The Orsini & Rose Law Firm

Re: Florida keeping my child support

The statutes you are looking for are in Title IV of the Federal Social Security Act which says that the State of Florida can hold any money it paid out plus interest and attorneys' fees. Above that, you are correct, you get the rest.

You should speak with the Florida Department of Revenue and find out how they determined the amount they are owed. If you disagree with them, you'll have to take the State to small claims court. You may also be able to take them to family court, though, to be honest, I've never seen this done.

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Answered on 4/13/08, 4:10 pm


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