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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 son had a child out of wedlock in County Florida, he and

Customer Question

Good afternoon,
My son had a child out of wedlock in Lee County Florida, he and the mom decided to live together as a family in Panama City, Florida. After a short time they decided to go their separate ways. The mom filed for child support and my son agreed to pay the support. After about two years they decided to get back together again and live in the same domicile as a family intact. He and the mom contacted the Department of Revenue in Panama City, where they reside and were able to have the child support stopped. (at least that’s what they thought) about one year later they decided to go their own way again, at which time the mother contacted the Department of Revenue, and had them in layman's term (turned it back on). My son has no problem paying the child support that is now due her and his son, but Lee County is stating he now owes $1300.00 in back child support. Since the Department of Revenue failed to contact Lee County. Both mom and my son agree that he should be paying child support since they are now separated,. and they both agree that when they lived together my son had paid more than just his share of the overhead. Now my son and the mom have been trying to get the $1300.00, back child support removed since those charges for what they both agree should not be owed since they were living together as a family in tacked. They have spoken to several Case Workers and told different things from different people, but believe they have whittled it down to filing an : "agreement to credit depository records", or a "modification of child support" both of which don't accurately address the situation. I told them that they needed to contact an attorney, but together they would be lucky to have 2 dollars to rub together. Neither one can afford an attorney. I am hoping we can find out at least what paperwork, or actions need to be taken, or is this situation is too complicated for a layperson to handle and they need to hire an attorney.
Respectfully yours
Eric Reiss
Submitted: 2 years ago.
Category: Family Law
Expert:  Samuel II replied 2 years ago.
Hello
This is Samuel and I will discuss this and provide you information in this regard
I suggest the Agreement to credit depository records is the recourse
You can review a sample at this link
http://www.leeclerk.org/vertical/sites/%7BB2978D27-ACBA-49A1-AB85-7038998EC1FA%7D/uploads/Agreement_to_Credit_Depository_Records_Waive_Interest.pdf
I suggest that it can be adjusted to the particular county involved. And as well the Paragraph can read the following
I hereby agree and request the PROPER NAME OF THE COUNTY ________ County Clerk of Court to correct the records maintained by the Court Depository in the amount of $___________ for alleged back support owed directly to me. This amount has never been owed or due because the parties were living together during that time (you can specify the dates of reconciliation) and therefore, no support was owed during that period.
I agree and request that the Clerk of Court shall adjust the payment records without the Court’s prior approval of this agreement. I understand this correction will be made part of the Court file. I understand that this correction cannot be reversed without a Court Order.
I also agree to waive any and all interest due to me.
Expert:  Samuel II replied 2 years ago.
Please note that I can only provide information for what you ask. In that regard, if you have other questions or need clarification, please post them here. Otherwise, I appreciate your Positive Rating as that is how I get credit for my time and information.
Thank you

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