Legal Question in Family Law in Florida
which law help w/ no payment of arreages, modify child support, reeinstating lic
Divorced in jan/99, lost custody and order to pay child support of $267.56 mo Never made more than 10.000yr and my ex claimed +50 grants. He lost his job in Sept/99, and I have been in an out of jobs that pays $8.00-$10.00 hr PT I�m in school since 95(3 yr for ESL, 2 for AA in international relations, and now at FIU for BA to graduate Summer/03). I've been unemployed since last Aug and homeless. License has been suspended $3000 in arreages. I haven't seen my child over a yr. He enters for the 3rd time in court that I was going to kidnap child and got unilateral hearing to get supervised visitation. For my child sake, didn�t fight this. I didn�t go to see her, since He was bringing her to the visits and we have a restraining order that said no contact at all. I entered paper to modify child support and visitation. Court set hearing for visitation. Child support was referred to General Master. I lost contact with my ex since last July and General insists that paper must be served to proceed. What should I do? Can I reinstate my licenses? Can the arreages be waived? How can I change my child support payments?
1 Answer from Attorneys
Re: which law help w/ no payment of arreages, modify child support, reeinstating
RE: Service. There is a process for serving a person via publication in the newspaper. It requires that you first exercise due diligence in trying to locate him for personal service.
RE: License Suspension. I assume you mean that your license was suspended due to failure to pay support. Often you can reach an agreement with the Dept. of Revenue representative whereby you agree to come up with a partial lump sum payment on the retroactive support and the Dept. agrees to reinstate your license as long as you make future monthly payments on a timely basis.
RE: Waiver of Arrearages: It is possible that your ex might agree to waive payment of the full amount of the arrearages provided that you give him a partial lump sum payment. However, you must be careful since Dept. of Revenue is involved in the case. If DOR is involved because your ex receives or received AFDC then it is probable that DOR would have to approve any settlement. My personal experience is that DOR is not usually willing to do this. But this whole issue gets complicated by the spcifics of your case...a lot depends on how much DOR has been involved in the case. I would contact an attorney to assist in any negotiations.
Any information provided here is meant to be general in nature. You should contact an attorney who can review the circumstances of your case and give you an opinion based on ALL the facts.