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xavierjd, Lawyer
Category: Family Law
Satisfied Customers: 3400
Experience:  20 yrs exp. in divorce, custody, visitation & support .
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i got divorce in june 2001 by that time i have 2 minor daughter

Customer Question

i got divorce in june 2001 by that time i have 2 minor daughter i have to pay child support for than 2000.00 U$ by monthly by court i have to send payments to Tallahassee but my ex wife told me to send directly to her what i did. In 2003 my 2 minor daughter come to live to me and in 2005 i stop pay child support for my ex wife since the kids was living with me was a verbal agreement.In 2008 my oldest daughter rich 18 and in November 2009 my another daughter 14 years old come back to live with my ex. In july 2010 we have a agreement by my lawyer we reduced the child support to 600,00 U$ what i have been pay to her .I got injured by my work and i was in the works compensation for 2 years and half after i made a settlement with works compensation i couldn't received because by Tallahassee i own her 280.000.00 U$ for all this years. We went to the court and the lawyer i had was terrible so end up to remaining to pay 194.000.00 U$. I trying now make agreement with her but i am still feel like i do not owner her anything and she knows that but she has no job and she needs money . so what can i do?
Submitted: 4 years ago.
Category: Family Law
Expert:  xavierjd replied 4 years ago.
Thank you for using It will be my pleasure to assist you today.

Did you ever go back to court to have your child support reduced when you went on worker's compensation?

Does the child support that the last "agreement" made by the lawyer, include support that you would not have had to pay because your kids during the time that the kids lived with you?

Customer: replied 4 years ago.
when my yongest daughter move back to her mom in nov 2009 i got a lawyer to modified child support to 600,00 U$ but my ex wife sign it in my laywer office and she never report to the court since was to her close the case . And i never repport the kids was living with me by that time my ex wife got married again and the kids wants to live with me so was a verbal agrement.
Expert:  xavierjd replied 4 years ago.

Thanks for the information.

Is your ex trying to collect support (or did you pay support to your ex) for the time the kids lived with you?

Also, did you ever go back to court to get your support reduced when you went on worker's compensation?

Maybe I am misunderstanding something. You said that in 2009 you signed an agreement with your ex in a lawyer's office to modify support to $600,000.00 and close the case? How can that be? I don't understand. Please clarify that for me.

Customer: replied 4 years ago.
when the kids come to live with me in 2003 i pay to her (also i have all the copies from the checks) 2003 and 2004 and 2005 i stop paying after i spoke with her so we make a verbal contract by fone where i wasnt pay child support 2009 my yongster daughter move back to her house and she went to the court to colect chield support so i got a lawyer and we sign the new agreement reducing my child support for 600,00 dollares monthly until she reach 18. So now i was informed by my lawyer in 2012 i couldnt receive my money for works compensation because by talhasse i own her 280.000,00 since 2001 .I went in the court with her in2013 try to explain to the judge i do not own her anything becuase i pay directly to her 2001, 2002, 2003, 2004 and in 2005 until 2009 the kids was living with and in 2010 i start pay her again but the judge did not wants to know because i did not pay by talahasse i pay by check to her.So the judge cut day 280.000,00 to 194.000,00 this is how much i owned her(what is not true)
I got a lawyer to make a agreemnet to her but what i can do? because now she wants all the money i received from works compensation and 600.00 dollares forever .My question is has anything i could do to dont pay?Can i go back to the court again?
Expert:  xavierjd replied 4 years ago.
Hi Alvaro,

I'm SO sorry for the delay. I had someone come to my door and forgot to mark "away."

Thanks for the information.


I am still confused as to what the judge currently says that you owe her. Do you mean that the judge says that you owe her ONE HUNDRED NINETY FOUR THOUSAND DOLLARS for back support?

How much was your workers compensation award?

Customer: replied 4 years ago.
the totally was 25.000,00 but net in my hands was 18.000,00 U$ so she wants this money plus she wants i continue to pay her 600.00 after my daughter rich 18 what is due in september this year.
but i have a letter from the court too when she went there to comunicate i had not payed child support in 2009 she also wrote in the paper i had not pay chield support for my yongster daughter 14 years old since november 2009 that is when my daughter start to living with her so i can not understand the rules because this is register in court and my lawyer try to make so agreement with her about the valor i should to pay but i have been telling him about this paper in the court but i dont tink he understand.
Expert:  xavierjd replied 4 years ago.
Hi Alvaro,

I want to look into a few things for you. I will be back with an answer for you asap. It may take some time.

Thanks for your patience.
Expert:  xavierjd replied 4 years ago.
Hi Alvaro,

All court orders and pleadings are public information. You may wish to go to the court in which the child support order was entered and ask to see the file. You can look for the paper that you said was filed. If it is there, then you can ask for a copy. You can then take the paper to your attorney. Your attorney may then be able to better understand what you are trying to tell him/her. If you made an agreement that was signed by the judge, then that is the agreement that would stand.

HOWEVER, your attorney may be able to file a Motion for Change in Circumstance to reduce, or get rid of, the child support that you directly paid to your ex. But, you must be able to show that you paid that support. That means that you will need to produce copies of checks that prove that you paid the support directly to your ex for all of those years. Your attorney may be able to show that the amount that the judge said you owed was wrong. If your attorney can do that, then your child support would have to be re-evaluated.

The ONLY way that you would have to pay child support beyond your child's 18th birthday is XXXXX it is determined that you owe back child support. But, if you can show that you paid your ex directly by check, and can produce copies of each of those checks, it may be determined that you owe little, if any, support.

Regarding your worker's compensation award, there would have to be a court order or a lien put on your award by the County for her to get any money. However, if it is determined that you owe any back child support, you may be ordered to use the award to pay any back support. Also, your attorney should look at the Worker's Compensation Judge's decision. Usually, if there was back support owed, the judge would have put that in the decision to settle your worker's compensation case. It is important to have your attorney look at the worker's compensation decision/settlement.

So, in conclusion, your attorney may be able to file a Motion for a Change in Circumstance and/or to Correct the Child Support Order. But, you must be prepared to produce EVERY check that you paid to her from 2001 forward. Hopefully, you put "for child support" in the memo line on the checks. That would be VERY helpful. But, even if you didn't, your attorney may still be able to show that you paid the support.

I hope you find this information useful.

It is my goal to provide you with excellent service. If you feel that you have received anything less, please ask follow up questions so that I can clarify my answer. If you are SATISFIED with my answer, PLEASE RATE IT AS "EXCELLENT" or in another POSITIVE manner.

Thank you, XXXXX XXXXX luck.


Boy, what a mess! I am so sorry that you have had to go through so much!
xavierjd and 6 other Family Law Specialists are ready to help you
Expert:  xavierjd replied 4 years ago.

Thank you so much for "accepting" my answer. I greatly appreciate it. I'm glad that you found the information useful.

If you have future questions, you can specifically request me as the expert.

Thanks again, and best of luck to you.


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