Florida Child Support Question - Reinstating Obligation?????

Parental Alienation Syndrome, Malicious Mother Syndrome, dealing with the ex, and various other non-legal concerns throughout the process.

Florida Child Support Question - Reinstating Obligation?????

Postby Malicote » Mon Jan 31, 2005 10:42 am

Florida Child Support Question - Reinstating Obligation?????

I am trying to find out how hard it is to get child support obligation, reinstated?

My obligation recently became “INACTIVE” but I have been told if my child is still in school and the EX requests the support to continue, they will honor her request. My youngest turned 18 recently but won’t actually graduate (IF he is still in school – my EX has successfully alienated my kids from me and I have not heard from them in about 3 years. Long story, but she took off with my kids 10 years ago, then she went from various states and was able to obtain SOLE Custody of my kids, because she ran a ad in a local paper in a different state (I was still in the same place that she left from, and could have contacted me.) and of course I knew nothing of this, so did not respond, and sole custody was granted to her…then several years later I found them, and after our divorce was final I was able to see the kids during the summers, but I had recently married...The EX informed me that my oldest daughter (she was 14) couldn’t handle him having a new wife and step kids, when she is used to being “Daddy’s Girl”. When she would call kids when we had them she would ask what are you eating, and is your dad spending his time alone with you all and so on, telling them when they come home to place all their stuff in the garage so she could go through it and clean everything before it going into their home so they didn’t get bugs and such….ummmm we don’t have bugs…and of course we had his kids, her (my wife’s) kids, our child all under one roof and lived as a FAMILY and not wanting a division of his, hers, and ours...(Matter of fact the EX took pride in lecturing us prior to the kids first visit that we should not have step this or that and be a family…like we needed her to tell us how to run our household…NOT!...but the very minute we did it that way, I am the bad guy for not spending all my time with MY kids.) then 3 years ago my Son come for the summer, and the previous summer the other kids had some of their stuff come up missing when he returned home, so that next summer, we did search his bag before leaving to take him home, and he had my wife’s walkman hidden and of course had no clue how it got there…so we went on the trip to meet his mother half way in another state, and when she got to the motel, I tried to talk to her about his actions, but of course I got a deaf ear and “He would never steal” “How dare you accuse him of such” and them getting in the car and leaving and not hearing from them again. So with all that said…

My support is currently considered INACTIVE. But I am curious, once she finds out that 660.00 a month won’t be coming in any longer, (My wife did not get notice her support for her oldest child would stop when he turned 18, it just stopped with out any kind of a letter or nothing.) So wondering if she has no clue at this point either…But once she finds out and if she knows she can still get support from me until my son turns 19…what does it take for her to get it reactivated? I assume had she made the request before the status was INACTIVE, then it would just have continued, but since it is INACTIVE now, would she have to go to court and get a new court order??? Also my decree did not break down the amount of child support per child…so when my oldest turned 18 back in 2002, my support obligation did not decrease (Fla. did emancipate her at age 18.) So for 2-1/2 years I have paid the same amount for ONE child as I did for 2…so is she tries to get it reactivated would a new amount be established based on one child or would it just automatically pick up again for the 660.00 a month?

I appreciate in advance any ideas; if anyone knows what we could expect is she wants to get the case REACTIVATED. (Ours is a interstate case, as I live in another state the same one she left me in, and she ended up in Fla. And she is the one who actually contacted me by filing for divorce in Fla. But until then I had no idea where she was.)
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Postby Pete » Wed Feb 02, 2005 8:38 pm

If she wants it reactivated, she will have to motion in court to do so (it seems from your posted information), and since you paid for 2.5 years without a modification of the amount ( you could have requested a reduction), the amount now due to her will be calculated based on 1 child instead of two and will most likely me reduced.

Do not pay any penny not ordered to via a court order.
Don't worry about what you cannot control. Focus on what is legally relevant, not morally indignant or petty.
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Postby Malicote » Thu Feb 03, 2005 1:27 am

I did request a modification when I found out that FL. emancipated my daughter at 18, but I was then told, that because of the wording of my decree the support would not be reduced. My decree does not break the amount down so much per child, it just stipulates an amount (Actually calls it "child support and maintanence") and due the first of each month.

"Husband shall pay $640.00 per month to the wife for child support and maintencance. Said payments are due on the 1st of every month. Said payments are to be paid through the clerk of the court."
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