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I have a family law question concerning Child Support

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Obligation Arrearages/Interest owed? As of today...
I have a family law question concerning Child Support Obligation Arrearages/Interest owed?
As of today, I have paid all of my (Arrearages) Child Support Obligations (I have a zero balance). I have a hearing on 7/28/2017. The hearing is to, "Vacate Child Support Obligations/Payroll Deduction Order" (Lake County, Fla). The arrearages came years ago beginning in 2008 (I filed a motion to have my current child support obligation held in Abeyance beginning in 2011 due to unforeseen circumstances, until 2016). I did not pay child support payments for around 5 years. I went back to court in 8/2016 and established a judgement from the Lake County Court House (To re-establish my Arrearage Child Support Obligations (Having a different income structure). The length of time for the Child Support Obligation/Re-structure was around 8 years, which was payroll deducted. I borrowed the money and paid the full child support obligation of $30, 661.98 dollars (Within 8 months).
The question now, the state has accrued interest on the arrearages in the amount of $37,000.00.
Please explain/send (*****@******.***) me the Florida statute concerning "Interest" accrual for child support arrearages. Am I responsible for this interest amount and how do I (By Fla. Law) go about having this amount waived (Can I ask the former wife to file a letter/form to waive any interest)?. During the 5 years in which I did not pay child support payments (What were the arrears/interest rates during the years -2009, 2010, 2011, 2012, 2013, 2014, 2015 & 2016 in the state of Florida)?
1) What are my rights concerning any interest that has accrued? Does any interest accrue during the time I had the child support Abeyance (beginning date and end date of the Abeyance motion) in effect from the court system?
2) How do I waive any and all interest that has accrued?
3) Any thoughts or advice for me?
The former wife has never showed up for any of the court hearings. I know for sure, the former wife will not show up for the July 2017/final hearing.
4)Will the judge have the final say in waiving any interest that has accrued and why if the former wife will not show up? If the former wife does not show up for the July hearing, is this a slam dunk for me that the judge will approve the waiver of this interest amount?
5)What are my chances of having the judge waive this interest amount? Remember the former wife will not show up (So what does the Fla Statute state concerning if the other/receiving party does not show up or does not answer any letters or court hearings)? Is this in my favor?
6)Because I paid the child support amount off (early) within a year (And did not pay off the amount in the structured 8 year pay plan), does this look or have a negative effect on me? The judge did state/explain, "I may pay this amount off early".
7) Would it be wise to send a letter and ask the former (Before the court hearing) wife to sign a waiver for the interest which has accrued? Or is this opening a can of worms in which I do not want to open? (This may invite her to come to the hearing, in which I have not spoken to her in years)? The former wife never responded to any of the court hearings or letters?
8) How is the interest calculated for child support arrearages in the state of Fla. (Interest rate charged X child support (Annual) amount owed )?
9) If the judge does not waive the interest amount at the hearing, do I reserve sending the letter (after the hearing) to the former wife as a last resort? Just thinking of another tactic if the judge does not approve the waiver for the interest?
What would be your recommendation to this situation and how would you handle this?
Thank you for your time
Mark Cardy
)
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Submitted: 1 year ago.Category: Family Law
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Answered in 16 hours by:
5/21/2017
Family Lawyer: Law Educator, Esq., Lawyer replied 1 year ago
Law Educator, Esq.
Category: Family Law
Satisfied Customers: 125,957
Experience: Experienced attorney: Family law, Estate Law, SS Law etc.
Verified
Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.
Pursuant to FL laws, any missed child support payment becomes a judgment by operation of law. Rates are determined annually by CFO and are the same interest rates on all judgments in the State of FL. You would need to check with the FL CFO office of you need information that is not located at http://www.myfloridacfo.com/Division/AA/Vendors/JudgmentInterestRates.htm
and they will give you the interest rates for the years you are seeking. Interest charges are assessed by the clerk of the court in the county that issued the order or otherwise maintains the official payment record. The interest is calculated on the balance that is late each month so it adds up quickly.
In order to get these interest charges waived, only the court can do so and will not do so if the recipient spouse objects. If your recipient parent agrees then you can file a joint stipulation to waive interest on arrears and you both sign it and have it notarized before filing it with the court.
If your former spouse does not expressly agree to waive the interest, then the court will not do so simply because she does not show up I am afraid.
So you need to work this out with the ex and get her to agree to waive interest and both of you sign a joint stipulation to waive the interest before the judge can remove the interest.
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Customer reply replied 1 year ago
This answer is still not clear? If the former wife does not respond to the order (The order was mailed to the former wife, by a certificate of service. Asking for her presence/welcome on July 28, 2017). If there is no acknowledgement from the former wife, (The former wife does not show for the hearing) this does not necessarily mean that she agrees or disagrees with the circumstance? So, when the I am present in front of the judge, the judge may go either way, correct? The response is confusing? In the last sentence, "If former wife does not expressly agree to waive the interest (Does this mean, if the former wife does not respond to the order, and does not show up at the court hearing), then the court will not do so simply because she does not show up"? Now in the sentence, 2nd to the last paragraph, you state, "The court can only do so (May waive the interest)?"
Family Lawyer: Law Educator, Esq., Lawyer replied 1 year ago
Thank you for your reply.
1) the court does have the legal power to waive interest at the discretion of the judge.
2) the judges will generally not exercise that discretion unless the recipient spouse agrees to waive the interest.
3) no attorney can ever guarantee the court will act on their discretionary powers, but we can only say they will agree to the waiver in cases where the recipient agrees to the waiver.
So if your former spouse does not reply and if your former spouse will not agree to waive interest, the court will not waive the interest.
Please do not forget to leave positive feedback by clicking on the 5 stars at the top of your page, as the experts are not employees of the site and get no credit for spending time with customers unless they leave positive feedback. Thank you.
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