A judge granted me divorce and majority time-sharing with my ex. The judge also said I do not have to pay child support.
However, the Department of Revenue says I still owe arrears. With all the expenses of raising my children, rent, car payments, etc. I cannot afford these monthly payments. Is there anything I can do to get them lowered?
While I am not licensed to practice law in Florida and cannot give you legal advice, I can give some general observations on this issue based on the jurisdiction where I practice.
Where I practice in Pennsylvania, the duty of an obligor to pay child support is demanded by state law and enforced through a court order. The support order usually establishes the amount owed for child support going forward as well as an amount of arrears the obligor still owes.
Even when a child support case is closed or if it is determined that there is no need for child support from a date certain forward, the parent who is obligated to pay support will still be responsible for any arrearages left on the account, especially when these arrearages were accumulated while a support order was in effect. Termination of the child support case does not affect acreages accrued through the date the case was terminated. See P.A.R.C.P. Rule 1910.19(e)(4).
If there is a concern about an improper wage garnishment or an incorrect arrears balance, Pennsylvania support offices also allow a party to request an accounting of their account if it is believed that there is an error in the account.
Due to the extremely fact-specific nature of this situation, I would strongly suggest you contact an attorney who handles family law matters in your jurisdiction, such as Cordell & Cordell, to see how Florida’s laws can specifically help you with this serious situation. This type of attorney should be helpful in providing you specific assistance for your matter.
Remember, I am unable to provide you with anything more than divorce tips, so please consult a domestic litigation attorney in your jurisdiction to obtain specific advice as to the laws in Florida and how they particularly impact your potential case.