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Law Educator, Esq.
Law Educator, Esq., Lawyer
Category: Family Law
Satisfied Customers: 111484
Experience:  Experienced attorney: Family law, Estate Law, SS Law etc.
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Exhale. married 7 years with 3 children. wife left in sept

Customer Question

exhale. married 7 years with 3 children. wife left in sept 2012, after we just got a condo together 2 months prior. she left the kids with me for 2 months. then came one day and took them out the back with help from her family. wife filed for child support in 1/2013. lost codo on end of january 2013. when a lawyer i consulted was removing himself from my case ( he placed himself on prior to any payment) i was placed on child support for approxima 13000, 100 was arreas. the magistrate did not believe any my testimony. the financial affidavit filed by wife was not based on gross income. was based on her net, after her school loan garnishment. ( i didnt know until i filied for divorce 3/2015. which is when child support case was tranfred to the same court division.the judge lowered child support and left it in a temporary status 4/21. i filied a motion to modify because wife didnt report her overtime 20k & did not including 30% of her income on her financial afft. the state attorney filied a motion not even 5 days after divorce to dismiss my petition for modification. i filied a motion to get a copy of the cd of the hearing because the judge told her in open court that id been over paying for so long and that her affi clearly said gross income. i made a requested for case management to the divore jugdenbut he said the day of the divoce he was transfering the case back to child support divioson but it hasnt been dont yet. i really nknow this woud be handled fairly if it remains in divison 18. question 1 how do i keep in division 18 if possilble. and question two what do i have to do or file for the court to hear my case in a trial i have a public record request showing the ex wife true income!
JA: Because family law varies from place to place, can you tell me what state this is in?
Customer: i read case law Flores vs Flores , 874 So.2d 1211 (Fla. 4th DCA 2004). making retroactively reducing child support possible in temporay child support in a trial court.
JA: Have you consulted a lawyer yet?
Customer: Florida
JA: Is there anything else important you think the Family Lawyer should know?
Customer: when they were intially send notices for child support id failed to change my address w/ dmv so i wasnt getting them at first, and had no idea that she would do that because i was still taking care of my children dispite he choosing to leave. i had to go before a magistrate in 3/2015 just to get court ordered time sharing in place. 50/50 was given 7/2015 and i was paying 1300 for 8mths until it was lowered to 660 during divorce final heraing. but chiod support was left temporary to go back and address if needed
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Submitted: 5 months ago.
Category: Family Law
Expert:  Law Educator, Esq. replied 5 months ago.
Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only
Legally it is the judge's discretion to keep the case or move it back to the child support division. So you can file an objection to his moving the case back to child support division and you can state your good cause regarding his finding you have been over paying and ask the court to keep the case and modify the support pursuant to Flores. However, if the court declines to keep the case, you cannot force them to do so and you would have to present the transcript from the hearing and argue the judge found you had been overpaying and pursuant to Flores you are entitled to refund OR credit towards future support or arrears.

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