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Florida CS order question/laugh, please weigh in!

Bossladee's picture

OK, so I'm still fairly new here and its so hard to keep up with all the blogs cuz its soooo active here, which I love, but my back story is all in my first blog (its a long story) which tells about what my situation is with SD's and BM.

So yesterday my DH was at his shop/office where he goes before heading to a job, when the payroll/secretary/owner's wife came out to him with her phone. She said she wanted him to listen to the voice message she got the day before. It was a nasty voicemail from BM saying basically "I have not received two weeks of child support for July and I'm still missing one from May!! I talked to the state and they said it wasn't them it was on your end!! This is BULLSHIT and you better figure out what's going on, I better get my money or you can tell 'HIM' (dh's name) to get himself a damn lawyer!!"

LMAO wow OK, DH hasn't heard a word from BM in over a year, he had no idea she hadn't gotten any of her payments. His CS is taken straight out of his check for an extra $5, Every. Single. Week. and it's sent straight to Tallahassee, then sent to BM. He has never missed one single dime, ever, not once. In fact a few years ago FL was hit with several hurricanes and he had to borrow money from the company he works for to make 3 weeks of payments. It comes straight out of his check, he never handles it. SO 'payroll lady' (not her real name Wink ) told DH that in May she had accidentally wrote the year on a check as 2018, that the state sent it back and she fixed it and sent it back to state, and she doesn't know what happened after that. She doesn't know what happened to the 2 in July either, she sent it all as usual. She told DH she doesn't have to deal with the exes but for him she does (everybody loves DH and he has been there for 20 years this month) and she thinks its pretty funny that BM is bitching she needs her money but she can afford a lawyer?!? Exactly. DH wouldn't need a damn lawyer anyway, it came out of his check, payroll sent it, take it up with the state!! We don't know WTH happened, nor do we know why she has to be such a bitch, or why she couldn't call dh himself, she's a snake.

DH and BM were divorced in our county in 1998. BM soon moved way far south in our state to another county. In their divorce papers, DH had a job and BM did not, so they imputed her income to be minimum wage, calculated DH's income, and DH is ordered to pay '81% of skids support, medical and dental insurance, and carry life insurance with them as beneficiaries'. His divorce papers ALSO say that "CS continues until minor child turns 18 or graduates high school, whichever happens latter".

Well, OSD turned 18 in December AND graduated high school, but DH didn't want to take it back to court yet because he makes more money now than he did then, even though BM has had a job for at least 10 years now and makes her own money, we have no idea how much, but it wouldn't be what DH makes. So DH (nor I) thought it was worth risking another calculation, and we've been told CS ending for one doesn't always mean a big decrease anyway, so we figured wait until YSD turns 18/graduates (in 18 short months) and be done with it all at once. BM has never requested a modification either, we are sure due to her being gainfully employed and all now, and she doesn't want to risk losing any $$$, so nobody has ever went back to court for anything.

SO my questions are: If the court order happened in 1998, before judges often started making NCP's pay CS until kids turn 21 or finish college, would it still hold up as what his CO is now? Will the court try to put it in there to keep paying anyway? When DH does file or whatever you do to end CS, will it go in our county where they divorced (and he still lives) or shift to BM's new county?? Do you think after the mistake in May from DH's 'payroll lady' that maybe it set something off in Tallahassee and they are reviewing it on their own since OSD is now already 18 or something? We don't know what to think, DH is so nervous that the court is going to make him pay CS until skids are 21 or finished with college because he hears from people that the courts do that now. I pray not, he pays a high amount as it is and Skids and BM think he's simply a wallet. OSD is taking college classes, working 2 part time jobs and living at home.

Any thoughts/opinions/knowledge would be great!! Please and thank you!!

Comments

Totalybogus's picture

It is still 18/graduate from high school. No matter, I will tell you that the state doesn't care whose end its on, it is still dad's responsibility. If there is a deduction order in place, the company that your DH works for could be fined for not making the payments on time. So, the billing person may not be doing your husband any favors. If there is a DO,she is court ordered to deduct child support on behalf of the company

Anne Boleyn's picture

My guy has 4 kids. Same deal in that he makes more now and she makes more now. He went to court a few months after the 18 year old graduated. His CS dropped 400 and they made it retro to date of filing. They can't change it to 21 now. There is a calculator online where you can enter his income and a guess at hers to see what the state will require now for CS for one kid. In our case, it was great.

just.his.wife's picture

Here is the state statute on Child support

http://www.leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&S...

Is is only to 18 or graduates highschool (Note: the child must graduate PRIOR to 19th birthday or the cs stops at 18).

Case law history states parents do NOT pay for college "There may be a moral obligation to assist a child with higher education but the court finds no legal obligation".

And he would file in his county as they should still have juristiction.

Bossladee's picture

Thanks all, I appreciate it, we had been getting worried that it might continue which would stink being so close to the end! Dh has figured it up that he will have paid BM 160,000 when CS ends, and BM has nothing to show for it....she rents a house for a high amount, she 'bought' her truck from her stepfather then stopped paying for it leading them to no longer speak, and owns nothing. How stupid, and to spaz out so close to the end, instead of using it wisely while it was coming to have a home of your own or something, I don't get it. Our house is almost paid for, (16 months left), our SUV is owned free and clear in 3 months, and we were dead ass broke the first 10 years we were married. It's only been recent we haven't been struggling month from month, not that we're rolling in it but it's better than it ever was at least. In fact, BM used to tell SDs and joke with SD's how we were so 'broke' and 'cheap', her kids wouldn't wear "Kmart clothes" (that is exactly when we stopped buying them clothes for school, we didn't have to anyway and they weren't all from KMART, but the bitch told OSD we were wasting our money) Ridiculous. I'm sure when CS does end though BM and SDs will want to be BFF's, "time we got past this and became a family again".....hmm.

Bossladee's picture

Totalybogus...I don't think it's actually court ordered for DH to have it taken out of his check, he actually pays a 5 dollar fee to have it processed through the state so it wouldn't be a problem. If BM actually did take it to court, wouldn't the fact that it WAS taken out of his check and it WAS sent to the state prove something? How would DH or his employer have any control after it is sent there?

Jsmom's picture

He only has to fill out paperwork about the kid being 18 and it will stop. No need to get a lawyer. As for college, unless it is in the decree, then he doesn't have to do it.

If they have no relationship, I sure as hell wouldn't be paying for college. I just got my first bill for BS and let me tell you, if you can't afford it, you don't do it.