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Law Educator, Esq.
Law Educator, Esq., Lawyer
Category: Family Law
Satisfied Customers: 116818
Experience:  Experienced attorney: Family law, Estate Law, SS Law etc.
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My ex wife and I got divorced in 2003. When the divorce went

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My ex wife and I got divorced in 2003. When the divorce went through, she was incarcerated. I had been raising my 2 daughters a year or more before she went to prison. I found out during that time, my ex wife sister was receiving government assistance for my children. My ex wife gave her permission. I reported it to child support office, nothing was done about it. At the time I was on child support for my daughters. They took me off current support, I only had to pay rears. She was in prison for over 3 to 5 yrs. Shortly after my ex release from prison, we made a mutual agreement that she would help me with the girls, like pick them up from the bus stop, when my current wife and I had to work late etc. My Ex couldn't even do that. She chose to party instead. She wanted the girls back, and I was a fool and gave them back to her. I was paying support for them and getting them every weekend. I found out she was heading back to prison, so I took my children back. She went to prison for another 5years. At this time I continued to pay support even though I had my children. I asked where the money was going, since I had the children. No one could answer that question. Close to the time for her to be released from prison I found out that the money had been going to a card and my Ex sister was sending her money from the child support card. I felt so defeated through out this whole situation. I flet like No one wanted to help me, because we were NOT on government assistance. My wife and I NEVER received a dime of government assistance. We worked 2 jobs at times to take care of the girls. My daughters love there mother in spite everything thing she has taken them through. They asked if they could move back with her when she was released. I didn't want them too, but I could see change in them, every time I would refuse . Again I let them go back to her. I was still paying rears out of my check, and would send them money on a Walmart black card or money gram to My Mom for them. My wife would send a personal check from her Nail Salon. My ex would say she couldn't cash the checks so send it Money gram. We would. 2 years late we received a letter from child support . She had I current address but chose not to mention anything about she went to child support about more money. When we went to court the judge tacked on over 10,000 dollars of back support. Like we had not been taking care of the girls. My question is , can I get back child support from her from when I had custody of my girls. Every time I ask for that no one has an answer. I feel as If I were on government assistance when I had the girls they would have helped me, because she would owe the government for me getting assistance. Are we in titled to back child support. What is the statue of limitations in Florida.
Submitted: 11 months ago.
Category: Family Law
Expert:  Law Educator, Esq. replied 11 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.
If she committed fraud and her sister was collecting for the children when she did not have the children, you need to file a complaint not to child support, but to the District Attorney and also to the state welfare office for fraud and provide them the evidence.
If the judge tacked on support, the time to present the evidence you stated above was in that hearing and if you lost that hearing you needed to file an appeal. If you did not do so, it is too late now to try to go back and undo what the judge ruled other than by trying to file a motion to vacate the judgment and present this evidence of fraud and try to get the judge to set aside his judgment against you.
You could sue the sister for payment of the government assistance she took when she did not have the children, that would be your only other recourse.
Customer: replied 11 months ago.
The sister is now deceased. Are we entitled to back support from my Ex for the years we had the girls?
Expert:  Law Educator, Esq. replied 11 months ago.
Thank you for your reply.
Yes, you can file for the years you had the children to seek support from her since she did not have them and that amount would be used to offset any amounts you were judged to owe in arrears.
Customer: replied 11 months ago.
In Florida is there a statue of limitations on the back support she owes me
Expert:  Law Educator, Esq. replied 11 months ago.
No there is no statute of limitations in FL for back child support.

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