Legal Question in Family Law in Florida

Please help..we only have 2 weeks

My husband is paying off his back child support,24 more months are left. His son is 23, not living at home and getting married. We found out that interest on the back support is then still owed (we didnt know this), it will be about 50K. my husband is on social security and we live on very little. The X-wife (from 28 years ago) agreed to dismiss the interest and said so in a few e mails, but, now has changed her mind and said she would only dismiss it if he paid ALL the back payments that equal 11,500 at one time. We dont have that that kind of money and it is a strugel each month to make the 466. payments to her that we have been doing for years. We have a court date in 2 weeks and have to travel 12 hours in the car to get to court.

I want to know 2 things, what are his chances that the Judge would dismiss the interest, even if she doesnt agree to it,we have letters from her stateing that she thought the interest was unfair,and she didnt even know about it and then the letter demanding the up-front amount of 11,500. we also have(by the way, she will be well off, due to a 2nd divorce settelment)

My 2nd question, If we cancel the court hearing and he keeps making the back payments for the next 24 months and pays off the arrears, then he just owes the interest, will that be just a judgement on him and his credit? He ownes nothing except an old car. If he doesnt pay the interest is it just another bill? we no that it is not handeled by The child support department. What athority do the courts have to collect it? and normally what would they do. Would they attach his Social security? Checking account? Tax return?


Asked on 4/25/13, 10:25 am

1 Answer from Attorneys

John Smitten Carey and Leisure

You have to at least try to eliminate or reduce the interest with the court, if the ex will not agree you will have a difficult time unless you retain a lawyer. Contact my office for free consultation 727-446-7659.

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Answered on 4/26/13, 2:42 am


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