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Floridalegalanswer
Floridalegalanswer, Family Law Attorney
Category: Family Law
Satisfied Customers: 427
Experience:  I am an attorney licensed in Florida capable of answering your legal questions in the area of Florida Family Law
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In the past three years my childs father has not paid one

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In the past three years my child's father has not paid one medical bill, even though our agreement says he should pay half of the uncovered medical bills. I pay the insurance. I decided to call the last year years a wash, and started in October, sending the bills by certified mail and emails that track and returns to me when he reads the email. Since October he owes $220. First he started arguing that some of the bills weren't necessary and needed, and I had to get documentation form her primary care doctor it was. Then he argued that for the past year, he paid the child support office an extra $5 each month, that should count toward the bills, and I told him that overpayment doesn't come to me. In fact had bank statements that showed that every month, they send exactly $400 a month to me in child support. If I get more one month, they reduce it the next month. After while I stopped arguing with him and gave him until Feb. 28 to pay or I will file contempt charges, so he turned around and paid an extra $220 in child support. This is after he and I had the conversation that overpayment doesn’t come to me, so of course this month child support got reduced to $180 to make it always equal out to $800 -- $400 for January and $400 for February. I have my bank statements to show that I never got more than $400 those two months and that I never got the $220. My questions are:
1) Do I still have a strong contempt case, given his three years of nonpayment, and the string of text messages I have when he basically told me good luck getting payment.
2) Can he technically argue he paid the medical bill, and that it’s the state’s fault for not sending it me?
3) Is my fight now with the state to get the extra $220 or is his?
Submitted: 1 year ago.
Category: Family Law
Expert:  Floridalegalanswer replied 1 year ago.

Floridalegalanswer :

Hi there!

Floridalegalanswer :

1. Yes, you still have a strong contempt case. Regardless of the 3 years of nonpayment, the Order requires him to pay his share. He did not pay. So, you have a strong contempt case.

Floridalegalanswer :

2. The State of Florida will disburse the money to you. Even if he were to "overpay" the State will still disburse the money to you. So, the money you have received is the money that he has sent to the State.

Floridalegalanswer :

He likely had deducted the 220 from next months support payment, so he still owes the 220. The State of Florida would have disbursed it to you, if he had paid. The State of Florida will not hold on to it and give him a "credit" on next months bill, they will disburse whatever they recieve to you.

Floridalegalanswer :

3. You can try to contact the State if you wish. However, as stated before, the State will not hold onto additional funds. They will disburse it to you.

Floridalegalanswer :

Also, if he argues that the medical bill was paid, then he is short on child support. If he argues his child support is paid, then he is short on the medical bill. Either way, he is not in compliance with the Court Order.

Floridalegalanswer :

One tip for the hearing, is that each County in the State of Florida has a local "Depository". They keep the child support records.

Floridalegalanswer :

The Depository is located in the Courthouse (at least every County I have practiced in).

Floridalegalanswer :

They will give you a print-out that shows every payment he has made and the date which he made it.

Customer:

Thank you for your answer. So he basically told the state deduct the 220 and either way you look at it. He is contempt whether on the child support or medical bills and thanks for that tip. I will be sure to get it. Thank you so very much, put my mind at easy. I will see how march shakes out before making a move

Floridalegalanswer :

The State of Florida (Tallahassee) only acts as a transfer for the support. They take the $5 fee (and No, he does not get credit for this fee)

Floridalegalanswer :

Yes, either way he is not inc compliance so you do have a very strong case and likelihood of success.

Customer:

Again thanks.

Floridalegalanswer, Family Law Attorney
Category: Family Law
Satisfied Customers: 427
Experience: I am an attorney licensed in Florida capable of answering your legal questions in the area of Florida Family Law
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