Motion or Modification
 

To get an Income Deduction Order changed in Florida, can a simple Motion be
filed or must a Petition for Mofification be filed? The Final Order of
Dissolution of Marriage states that child support will be paid until the
child turns 18. The Income Deduction Order instructs the employer to
withhold child support until otherwise ordered by the court. So I need a new
Income Deduction order that tells my employer that they no longer have to
withhold child support.

"rj" wrote in message
. ..
To get an Income Deduction Order changed in Florida, can a simple Motion
be
filed or must a Petition for Mofification be filed? The Final Order of
Dissolution of Marriage states that child support will be paid until the
child turns 18. The Income Deduction Order instructs the employer to
withhold child support until otherwise ordered by the court. So I need a
new
Income Deduction order that tells my employer that they no longer have to
withhold child support.

Sounds to me like you need to file for a modification. But I'm no legal
eagle, either. Just applying commonsense and logic to an emotionally
charged and highly illogical legal situation.

Don't ya just love the divorce circuit? It's so much fun. Just think -
you're getting a crash course in how to get screwed legally!!

In all seriousness though, file for the modification. Just don't expect the
court to allow it to happen. It's been my experience that once an order for
a certain amount is in place, they rarely (if ever) lower it - even to
guideline standards.

Look at it this way - you're their cash-cow, they have no incentive to let
you go.

But here's hoping you get it!

ps. Get an attorney to do it for you (and to file the appeal when they turn
you down). The courts detest Pro Se litigants.

In article , rj says...

To get an Income Deduction Order changed in Florida, can a simple Motion be
filed or must a Petition for Mofification be filed? The Final Order of
Dissolution of Marriage states that child support will be paid until the
child turns 18. The Income Deduction Order instructs the employer to
withhold child support until otherwise ordered by the court. So I need a new
Income Deduction order that tells my employer that they no longer have to
withhold child support.
===
If the child has reached the age of majority, you can simply contact DOR via
phone (and followup with a letter) and have them notify the employer. They might
fax the employer. Don't expect them to act promptly, however. You may get the
overpayment(s) back eventually. It took about 2 months for them to send ours
back. They held them at their office until they had the official accounting
completed.
===
===

Who is the DOR? and have you actually done this in Florida?

"Gini" wrote in message ...
In article , rj says...

To get an Income Deduction Order changed in Florida, can a simple Motion
be
filed or must a Petition for Mofification be filed? The Final Order of
Dissolution of Marriage states that child support will be paid until the
child turns 18. The Income Deduction Order instructs the employer to
withhold child support until otherwise ordered by the court. So I need a
new
Income Deduction order that tells my employer that they no longer have to
withhold child support.
===
If the child has reached the age of majority, you can simply contact DOR
via
phone (and followup with a letter) and have them notify the employer. They
might
fax the employer. Don't expect them to act promptly, however. You may get
the
overpayment(s) back eventually. It took about 2 months for them to send
ours
back. They held them at their office until they had the official
accounting
completed.
===
===

In article , rj says...

Who is the DOR?
===
DOR handles child support enforcement in Florida. You didn't know this? If DOR
is not involved in your case, contact your county Court Clerk. They can have the
judge notify your employer to end the income withholding (presuming there are no
arrears).
===

and have you actually done this in Florida?
===
Yes.
===


"Gini" wrote in message ...
In article , rj says...

To get an Income Deduction Order changed in Florida, can a simple Motion
be
filed or must a Petition for Mofification be filed? The Final Order of
Dissolution of Marriage states that child support will be paid until the
child turns 18. The Income Deduction Order instructs the employer to
withhold child support until otherwise ordered by the court. So I need a
new
Income Deduction order that tells my employer that they no longer have to
withhold child support.
===
If the child has reached the age of majority, you can simply contact DOR
via
phone (and followup with a letter) and have them notify the employer. They
might
fax the employer. Don't expect them to act promptly, however. You may get
the
overpayment(s) back eventually. It took about 2 months for them to send
ours
back. They held them at their office until they had the official
accounting
completed.
===
===

I'll bet you a dollar to a dime NO judge in Florida is going to contact my
employer. Again, is this a procedure you successfully completed in Florida?

"Gini" wrote in message
...
In article , rj says...

Who is the DOR?
===
DOR handles child support enforcement in Florida. You didn't know this? If
DOR
is not involved in your case, contact your county Court Clerk. They can
have the
judge notify your employer to end the income withholding (presuming there
are no
arrears).
===

and have you actually done this in Florida?
===
Yes.
===


"Gini" wrote in message
...
In article , rj says...

To get an Income Deduction Order changed in Florida, can a simple
Motion
be
filed or must a Petition for Mofification be filed? The Final Order of
Dissolution of Marriage states that child support will be paid until
the
child turns 18. The Income Deduction Order instructs the employer to
withhold child support until otherwise ordered by the court. So I need
a
new
Income Deduction order that tells my employer that they no longer have
to
withhold child support.
===
If the child has reached the age of majority, you can simply contact
DOR
via
phone (and followup with a letter) and have them notify the employer.
They
might
fax the employer. Don't expect them to act promptly, however. You may
get
the
overpayment(s) back eventually. It took about 2 months for them to send
ours
back. They held them at their office until they had the official
accounting
completed.
===
===

"rj" wrote in message
. ..
I'll bet you a dollar to a dime NO judge in Florida is going to contact my
employer. Again, is this a procedure you successfully completed in
Florida?

I'm not in Florida, but I think the termination of support process is fairly
consistent across the states.

What you really need is an understanding of the legal process to terminate
CS in Florida when a child reaches the age of majority. I paid an attorney
a $50 consulting fee for a 30+ minute session advising me about CS
termination law in my state and what I needed to file.

There may be provisions in Florida law, like in my state, where the obligor
or the obligee can make a swearing and sign the correct form for an Order
Terminating Child Support and a Full Satisfaction of Judgment. I filed the
obligor version to make sure the CS obligation ended without having to worry
about how my ex might react to the end-game process.

There is one caveat. If there is a younger, second child, the legal process
will require a modification to set CS for the remaining child.

In article , rj says...

I'll bet you a dollar to a dime NO judge in Florida is going to contact my
employer.
====
Geez, what the hell did you ask the question for if you didn't want it answered?
====
Again, is this a procedure you successfully completed in Florida?
====
Why should I answer the damn question "again?" I don't suppose it ever occured
to you to pick up the phone and call the clerk's office and ask them, did it? I
guess not since you didn't even know who DOR is. Look, I'll level with you
here--I have absolutely zero experience with Florida family law/Rules of
Procedure. It's just that I'm new here and didn't have anything else to do
tonight so I thought I'd play around with my keyboard a little. I was way out of
line.
===
===

In article et, Bob Whiteside
says...


"rj" wrote in message
...
I'll bet you a dollar to a dime NO judge in Florida is going to contact my
employer. Again, is this a procedure you successfully completed in
Florida?

I'm not in Florida, but I think the termination of support process is fairly
consistent across the states.

What you really need is an understanding of the legal process to terminate
CS in Florida when a child reaches the age of majority.
====
Yeah, and he should *not* pick up the phone and call the folks who handle this.
That's the worst thing he could do. God only knows what they would tell them.
He's much better off posting to an internet newsgroup.
====

Geesh, rj, did you read Gini's response to you? In it she said "You may get
the overpayment(s) back eventually. It took about 2 months for them to send
ours back." Wouldn't just that statement alone give you the idea that Gini
has dealt with child support issues in Florida? Perhaps you would be wise
to try what she suggested. Unless, of course, you can think of a reason for
a total stranger on a newsgroup to lie to you. Give it a shot and see what
happens. Then write back and thank her for the advice.


"rj" wrote in message
. ..
I'll bet you a dollar to a dime NO judge in Florida is going to contact my
employer. Again, is this a procedure you successfully completed in
Florida?

"Gini" wrote in message
...
In article , rj says...

Who is the DOR?
===
DOR handles child support enforcement in Florida. You didn't know this?
If
DOR
is not involved in your case, contact your county Court Clerk. They can
have the
judge notify your employer to end the income withholding (presuming there
are no
arrears).
===

and have you actually done this in Florida?
===
Yes.
===


"Gini" wrote in message
...
In article , rj says...

To get an Income Deduction Order changed in Florida, can a simple
Motion
be
filed or must a Petition for Mofification be filed? The Final Order
of
Dissolution of Marriage states that child support will be paid until
the
child turns 18. The Income Deduction Order instructs the employer to
withhold child support until otherwise ordered by the court. So I
need
a
new
Income Deduction order that tells my employer that they no longer
have
to
withhold child support.
===
If the child has reached the age of majority, you can simply contact
DOR
via
phone (and followup with a letter) and have them notify the employer.
They
might
fax the employer. Don't expect them to act promptly, however. You may
get
the
overpayment(s) back eventually. It took about 2 months for them to
send
ours
back. They held them at their office until they had the official
accounting
completed.
===
===