- August 27, 2023
- Posted by: legaleseblogger
- Category: Related News
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I am not sure why my ex-wife went this route, but I recently received a notice in the mail that the state of Florida has initiated legal proceedings against me regarding child support. In our divorce agreement, we had agreed upon a specific amount to be paid to her, which I’ve been faithfully paying through online platforms such as Zelle and Talking Parents. I’ve set up these payments to come out automatically, ensuring that no payments are missed.
However, this situation may have a potential silver lining. When we initially filed for divorce, my ex-wife was only earning minimum wage, and neither of our Veterans benefits were taken into consideration. Fast forward to the present, I have submitted a modification request through the Department of Revenue as a response to her legal action, and I am confident that due to her improved financial situation with a higher-paying job and a larger VA disability check, I now have a solid chance of paying a reduced amount or possibly even no child support at all. It is important to note that we currently share 50/50 custody, with both of us contributing to school supplies and clothes. Additionally, I provide dental and eye coverages while her disability benefits automatically cover the children’s medical needs. She has them for “183 days,” and I have them for “182” days throughout the year as per our arrangement.
Now, here’s where I seek advice. Since a case has been opened with the Department of Revenue, should I halt my payments via Talking Parents until I receive the new amount to be paid as determined by the Department of Revenue, or should I continue paying through Talking Parents until a final judgment is made regarding the revised child support amount? I would greatly appreciate any guidance you can provide me with regarding this matter.
With regards to your situation, the AI Legalese Decoder can be of immense help. It can analyze the legal notices received from the state of Florida and explain the proceedings and the possible implications in clear and plain language. It can also assist in preparing your response to the case opened against you, highlighting the specific factors that should be considered by the Department of Revenue, such as your ex-wife’s increased income and larger VA disability check. Furthermore, the AI Legalese Decoder can guide you on the appropriate steps to take regarding your child support payments during the ongoing legal process, ensuring compliance while protecting your rights. It can provide you with clear instructions on whether to temporarily suspend payments through Talking Parents until the new amount is determined by the Department of Revenue or continue making payments until a final judgment is reached. By utilizing the AI Legalese Decoder, you can navigate through the complex legal language and procedures with ease, empowering you to make informed decisions and effectively communicate your position in the case.
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If your amount was via a court order I would continue to pay the order will remain valid until updated.
Does your divorce agreement specifically say you can pay through ÔÇ£Zelle or Talking ParentsÔÇØ app? If it does not, then all of the money you paid to her over the last three years may be considered a gift. She can then go back after you for money not received since day one.
Would she go after you, maybe. The state will definitely.
I remember going through the same thing and seeing all of the advice about “everything you’ve paid could be considered a gift” and nearly had a heart attack. Once I talked to a lawyer though, she said that it is very unlikely that a judge would consider it a gift if you had specifically been giving that money as support and listed it as that in the memo/notes when making the payment.
I think your best bet is trying to find a lawyer who will work with you on a hourly basis or with a low retainer. I found that most lawyers want a $5,000 retainer upfront but found someone who would work with me at a much lower entry point. You do get what you pay for ultimately, and my lawyer was not always on the ball and timely with things that were very important.
Best of luck to you.
Often, payments outside of court (through the child support system) are seen as gifts. Stop paying immediately and put the money in an account separately. Continue the standard outside purchases, but I wouldn’t let her benefit. The clothes you buy stay at your home, the toys…etc. If the court decides she’s entitled to that money, you can turn it right over. It would likely benefit you to see if your va benefits can get you time with an attorney for questions.
What does your divorce decree say? FL does authorize direct payments if it states that in the court order, so the good news is FL may count all of those as paid.
The bad news is if it doesnÔÇÖt say you are to pay her directly, she could tell DOR you didnÔÇÖt pay and cause you a headache about itÔÇöthat a lawyer should easily be able to clear up.
IÔÇÖd pause on payments, set them aside in your account and ask DOR how and when to direct payments through them.
I strongly advise that you get a lawyer to deal with them though just to protect your interests and bc thereÔÇÖs an easier line of communication between lawyers and DOR.
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>It says “The husband shall pay directly to the wife in the amount of $xxx.xx per month commencing on “insert date” until further Order of the court.” Nothing about how to do it.
If this is what your FJDOM orders, you need to keep making payments until you get a new order officially modifying your obligation. Any changes will be effective from the date you filed the modification. If support decreases, you’ll have a credit. If it stops, she’ll owe you your money back. If it increases, you’ll owe the retroactive difference. So there’s no need to stop.
Also, modifications can take months or even years to get finalized and enforced by DOR. Withholding support for that is unfair towards your kids and will make you look bad in court. It’s not worth it.
Did she start receiving benefits? Because DCF will automatically open a case with DOR if so. And because you have a direct pay divorce order, DOR does not get involved and does not know about the divorce settlement.
TL:DR- Keep paying until the judge signs a new order as it’s what the law requires. This situation is quite normal which means that the Court and DOR know how to deal with this. Just keep doing your part.
VA disability does not always get counted toward child support. It varies state to state. At least itÔÇÖs not allowed to in some states. ItÔÇÖs her/your disability and not the childÔÇÖs.
If Florida already has a copy of an existing court order and they’ve opened a case, there’s a decent chance that they’re already looking to collect payments from you. Start by contacting DOR and asking about the status of the case and see if you’re accruing a balance with them.
If you do make direct payments, document everything. You don’t want either a judge or DOR to think you’re not making payments. If you and your ex are on good terms, ask her to put something in writing stating that you’ve made all of your payments.