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Samuel II
Samuel II, Attorney at Law
Category: Family Law
Satisfied Customers: 27011
Experience:  General practice of law with emphasis in family law.
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My spouse has been paying child support for a few years paternity

Customer Question

My spouse has been paying child support for a few years paternity determination. The state of Florida backed up arears charges to the date of the mothers divorce. Now the child is deceased (at the age of 19) and he is still paying arears. The problem is this, now he has lost his job and draws unemployment, so support stopped. This morning his bank account shows a negative 18 thousand for back child support to Florida. Florida says anyone who can help is "out" today. With the child deceased is there a way to ammend the arears, and how do we get his bank account back?
Submitted: 7 years ago.
Category: Family Law
Expert:  Samuel II replied 7 years ago.

hi

 

an arreage is based on child support owed, as you know. i am sorry the child passed away, but while alive the custodial parent had to pay for and care for the child's needs. so that is what is being paid. in other words, because the child is no longer alive does not mean it did not live and have expenses while growing up.

 

if you were able to do anything, it would only be to have the amount reduced with that lump sum being paid.

Customer: replied 7 years ago.

We both understand the child did have expenses. The problem is the court would not reduce the amount after death which is excessive and causes a hardship on our part. The question is how do we get the monthly amount adjusted... after we get his bank account unfrozen.

Expert:  Samuel II replied 7 years ago.

hi

 

thank you. you can go to the court and seek a modification on the monthly amount. that is the only way. you will need to show your budget with income to debt ratio, etc. and how the current monthly amount is putting you in financial straits.

 

 

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