Legal Question in Family Law in Florida
Income deduction order
I have been paying child support since 1993. At that time, an income deduction order was also created. My daughter turned 18 in November 2006 and my divorce agreement indicates that the support is to end at ''age of majority'', which is 18 in Florida - there is no reference in the divorce agreement regarding paying until my daughter leaves High School. She graduates May 2007. I contacted my Payroll department, who agreed to stop the deduction since they have a copy of the divorce agreement, which clearly states when child support payments are to end. The Orange County Clerk of the Court told me that in their system, the support obligation is closed (and has been closed since Nov 2006) and that I didn't necessarily have to do anything else. Do I absolutely need to file a motion to end the Income Deduction Order - or does it end when my Child Support obligation ends? What happens if I don't file the motion? Can my ex-wife do anything punitive to me because I didn't legally end the order, even though the support responsibility ended?
Any help would be appreciated.
Note: I am not in arrears in my payments. And my daughter stopped visiting me about 5 years ago because she asked to have more time with her friends.
1 Answer from Attorneys
Re: Income deduction order
You need to petition for modification of child support if the support was for more than one child and no amount was allocated specifically to this one. Otherwise, you don't have to petition. However, you ex-spouse may try to collect for the months between the 18th birtday and graduation from high school...
Visitations have nothing to do with this.
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