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Attorney Wayne
Attorney Wayne, Lawyer
Category: Family Law
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Experience:  Practicing Law Since 2000
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I have been paying child support monthly for the last 18 months.

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I have been paying child support monthly for the last 18 months. In july 2011 we (my ex & myself) had a signed court order as a result of mediation. I continued to pay monthly child support ... but directly to my ex.... now I recently found out that I am in arrears (the state sent me a letter indicating 6300.00 in arrears) because the state has no record of payments and I believe my ex will be very unco-operative in assisting my situation (she will try to keep the money). I have records of her cashing the checks... what are my best options?
Submitted: 1 year ago.
Category: Family Law
Expert:  Attorney Wayne replied 1 year ago.
PLEASE DO NOT use the rating system until satisfied. Instead, please click CONTINUE CONVERSATION for more info.

Hello. Thanks for contacting us. I am so sorry to hear about this. It is unfortunate that you were not properly informed about Florida's child support system's requirements that money be funneled through the systems and not directly (absent a court order to the contrary).

That said, each court district has a notarized form that can be used to rectify the situation. Unfortunately, the ex will have to sign it before a notary to make this smooth and easy.

The thing is, if the money was sent in error to her, and she was not entitled to it, then she herself could end up being sued -- by you (for unjust enrichment, for instance).

If you tell me the court in which the orders are filed, I can provide contacts and possibly (if available) a link to a standard court form to rectify it.

If the ex is recalcitrant, it may, unfortunately, require a lawyer's letter to rectify. It is good there are records. There are few grounds to refuse -- except perhaps claiming the money was either a gift or related to some other transaction outside of child support.

Again, if you let me know the court in which the order was filed, I can try to provide a bit more precise information on where to go to resolve the matter.

I wish you all the best as you navigate this!
Attorney Wayne, Lawyer
Category: Family Law
Satisfied Customers: 1506
Experience: Practicing Law Since 2000
Attorney Wayne and 6 other Family Law Specialists are ready to help you
Customer: replied 1 year ago.

Dear Wayne


filed in circuit court, fourth judicial circuit, duval county, july 02/2012

Expert:  Attorney Wayne replied 1 year ago.
Thanks.

The court's contact phone number for the clerks handling this is:(NNN) NNN-NNNN As for the child support clerk.

You can inform yourself of this court's procedures at http://www.duvalclerk.com/ccWebsite/DomesticRelations.department

The court is only set up to handle the first payment directly. The overall process is managed by the State Disbursement Unit. Call them at (NNN) NNN-NNNN if the clerk does not have a form or an idea how to proceed.The court sends data to the State Disbursement Unit which then manages the program -- so the local clerk is a good first stop.

Unfortunately, I do not see that Duval has a form/affidavit online that could be used to do a bureaucratic modification. But do ask the Court Clerk in Duval, just in case there is one at some non-obvious URL, or, if the clerk's office can forward an affidavit form directly to you (or arrange for pickup at the courthouse).

I wish you and your family all the best navigating this and finding speedy resolution!
Expert:  Attorney Wayne replied 1 year ago.
Hi Bruce.

Just checking back to see if you have any follow-up questions on this subject. If so, please type them into the next text box.

If not, please remember that experts get no credit for their work unless the customer indicates satisfaction by providing a high rating of the interaction. Thanks for taking care of that last bit of housekeeping!

I again wish you all the best for successful resolution in this.
Expert:  Attorney Wayne replied 1 year ago.
Hello Again, Bruce.

I am just checking to see if you had any follow-up questions on this issue. If so, please type them into the next text box. If not, please remember that experts only get paid when the customer accepts an answer and rates the transaction highly. Thanks for your understanding in completing this last chore.

Warm regards,

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