Legal Question in Family Law in Florida

Hello I need help with a matter of my total child support payments, According to the Clerk of Courts of Pasco Florida payment history I have paid from November 2011- June 2016
From my starting child support till now. (November 2011- June 2016) is a total of 55 months, Right? Okay. So�.
55 months� x $309 child support= $16,995 total amount that I should have already paid off in all. (ARREARS AND CHILD SUPPORT PAYMENTS INCLUDED)
I took time an added all of the amounts I have paid in full that have the minus signs in the history report that clerk of courts sent me, so with the total in all it shows I have paid up to now a total of $18,362.01. (ARREARS AND CHILD SUPPORT PAYMENTS INCLUDED)
From $18,362.01 (Amount I have paid in all)
-$16,995.00 (Amount CS & Arrears that had to be PIFl) [55monts x309]
$ 1,367.01 (REFUNDED/CREDIT AMOUNT TO ME)
So if I paid in total that amount then I should have received a credit or reimbursement of the extra money that is there which is a total of $1,367.01.
They say I paid in total all $16,240.23 and that I don�t have any arrears and all. But I been telling them there is an error with their accounting they mixed the numbers up. Because if they have that I don�t have arrears $16,240.23 is not the correct amount of 55x months x 309=16,995. And from that that would mean i have pending arrears of $754.77. They dont give me a valid answer they keep telling me that�s what the system says, how can I get this fixed without the clerk of courts? So they can show the correct amount I have paid and them refund me or credit me the extra money that I have over paid.

Asked on 6/22/16, 6:51 am

4 Answers from Attorneys

David Slater David P. Slater, Esq.

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Via a cout order. Make a motion to the judge.

Answered on 6/22/16, 7:40 am

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Lucreita Becude Lucreita D. Becude, P.A.

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I noticed you did not include the filing fee of $5.25 per check you send. That may make a difference in what is considered owed to you..

Answered on 6/22/16, 2:47 pm

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Barry Kaufman The Law Office of Barry W. Kaufman

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You can't. As Ms Becude mentioned, you need to account for the $5.25 administrative fee on every payment. Second, you must move the Court to establish your arrearage. The State's child support history is presumed correct, so you will need to have a receipt or cancelled check or some other proof of every payment since the last time you and the state's balance agree. In other words. if you believe that the state's balance has been wrong for the entire 55 months, you will need proof of 55 payments. but if you think the state s balance has been wrong for only the last 24 months (or 18, 27, whatever) then you need only proof of those payments. Don't forget that $5.25 fee on every payment (not every month, every payment.) The state doesn't have to prove jack.

Answered on 6/22/16, 4:55 pm

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