Question:
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?
Answer:
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.
To arrange an initial consultation to discuss divorce rights for men with a Cordell & Cordell attorney, including Pennsylvania divorce lawyer William J. Phelan, IV, contact Cordell & Cordell.
