Motion or Modification

In article , teachrmama says...

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?
===
Hehe--Especially since he'd already asked if I dealt with FL to which I
responded, "Yes." Perhaps, he doesn't know the meaning of "Yes." Heck, he
doesn't even know who DOR is, yet acts like I haven't a clue. Oh well, he can do
his own damn research now--or plunk down 2k for a retainer just to have the
lawyer tell him what I already told him. That would be sweet. No wait, the
lawyer won't tell him that; the lawyer will tell him that he needs a lawyer.
See, the thing is that he *already has an order to end CS when the child turns
18.* He doesn't need a modification (absent arrears or another child of the
order)--he simply needs to notify the court of the terminating event which will
be verified and written notice will be sent to the employer. The case will then
be closed. (But, I'll be damned if I'm gonna tell him that now.)
===
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.
===
Apparently, he can which makes it all the more curious that he would even post a
question to a newsgroup without having done a shred of research on his own.
===
Give it a shot and see what
happens. Then write back and thank her for the advice.
===
Hell no, I want the dollar.
===
===



"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.
===
===

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

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?
===
Hehe--Especially since he'd already asked if I dealt with FL to which I
responded, "Yes." Perhaps, he doesn't know the meaning of "Yes." Heck, he
doesn't even know who DOR is, yet acts like I haven't a clue. Oh well, he
can do
his own damn research now--or plunk down 2k for a retainer just to have
the
lawyer tell him what I already told him. That would be sweet. No wait, the
lawyer won't tell him that; the lawyer will tell him that he needs a
lawyer.
See, the thing is that he *already has an order to end CS when the child
turns
18.* He doesn't need a modification (absent arrears or another child of
the
order)--he simply needs to notify the court of the terminating event which
will
be verified and written notice will be sent to the employer. The case will
then
be closed. (But, I'll be damned if I'm gonna tell him that now.)
===

Just having an Order with language ending CS at age 18 may not be enough.
That's why I threw in my 2 cents. When I went though this I found the
process to close out CS obligations varied between and did not follow the
state law in one county. They had their own process and refused to follow
the state law as written.

What the OP needs to do is threefold - Stop the wage withholding, close out
the CS obligation with a full satisfaction of judgment, and get the county
(or counties) where the judgment is formally filed to close out the money
judgment. Closing out the money judgment with a full satisfaction is very
important because that information is then reported to all the credit
services and the CS obligation will not longer appear as active on a credit
report.

In article . net, Bob Whiteside
says...

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

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?
===
Hehe--Especially since he'd already asked if I dealt with FL to which I
responded, "Yes." Perhaps, he doesn't know the meaning of "Yes." Heck, he
doesn't even know who DOR is, yet acts like I haven't a clue. Oh well, he
can do
his own damn research now--or plunk down 2k for a retainer just to have
the
lawyer tell him what I already told him. That would be sweet. No wait, the
lawyer won't tell him that; the lawyer will tell him that he needs a
lawyer.
See, the thing is that he *already has an order to end CS when the child
turns
18.* He doesn't need a modification (absent arrears or another child of
the
order)--he simply needs to notify the court of the terminating event which
will
be verified and written notice will be sent to the employer. The case will
then
be closed. (But, I'll be damned if I'm gonna tell him that now.)
===

Just having an Order with language ending CS at age 18 may not be enough.
That's why I threw in my 2 cents. When I went though this I found the
process to close out CS obligations varied between and did not follow the
state law in one county. They had their own process and refused to follow
the state law as written.

What the OP needs to do is threefold - Stop the wage withholding,
====
When the court/DOR ends the wage withholding upon the event of majority, they
automatically, as a matter of procedure, close the case and it appears as such
on the record. This refers only to Florida, per the OP's inquiry (and assuming
the process hasn't changed within the past three years). I have't a clue how it
is done in your jurisdiction or any other jurisdiction, for that matter. Now, I
shall refrain from further comment on this very simple matter that has somehow
become way more convoluted than necessary.
====

"Gini" wrote in message
...
In article . net, Bob
Whiteside
says...

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

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?
===
Hehe--Especially since he'd already asked if I dealt with FL to which I
responded, "Yes." Perhaps, he doesn't know the meaning of "Yes." Heck,
he
doesn't even know who DOR is, yet acts like I haven't a clue. Oh well,
he
can do
his own damn research now--or plunk down 2k for a retainer just to have
the
lawyer tell him what I already told him. That would be sweet. No wait,
the
lawyer won't tell him that; the lawyer will tell him that he needs a
lawyer.
See, the thing is that he *already has an order to end CS when the
child
turns
18.* He doesn't need a modification (absent arrears or another child of
the
order)--he simply needs to notify the court of the terminating event
which
will
be verified and written notice will be sent to the employer. The case
will
then
be closed. (But, I'll be damned if I'm gonna tell him that now.)
===

Just having an Order with language ending CS at age 18 may not be enough.
That's why I threw in my 2 cents. When I went though this I found the
process to close out CS obligations varied between and did not follow the
state law in one county. They had their own process and refused to
follow
the state law as written.

What the OP needs to do is threefold - Stop the wage withholding,
====
When the court/DOR ends the wage withholding upon the event of majority,
they
automatically, as a matter of procedure, close the case and it appears as
such
on the record. This refers only to Florida, per the OP's inquiry (and
assuming
the process hasn't changed within the past three years). I have't a clue
how it
is done in your jurisdiction or any other jurisdiction, for that matter.
Now, I
shall refrain from further comment on this very simple matter that has
somehow
become way more convoluted than necessary.
====

I'm just speaking from experience. A year after I received notice my case
was closed I discovered the CS money judgment was still active on my credit
report. The rogue county (the largest in the state by the way) I mentioned
earlier was more than willing to close the CS case file, but they refused to
show the CS judgment as fully satisfied and mark the money judgment
"inactive" without a local judge's order.

You know how these bureaucratic idiots think! They actually tried to tell
me they couldn't help me get the satisfaction filed and the court order
signed because my file was closed. They closed the file and then tried to
claim the fact the file was closed prevented them from acting further. I
wrote to the head of the state's CS program and the county DA and complained
I was asking for IV-D services and they were refusing to provide me with
IV-D services and if they didn't help me I was going to contact the Federal
CSE program and suggest their IV-D money be stopped. A deputy DA called me
repeatedly after that to make sure I was aware of every step she was doing,
how they were working for me, and if I needed anymore help.

My point is simply it is a 3 step process and closing the file is just one
of the three steps. And don't trust the bureaucrats to do it right! The
most important steps for an NCP to monitor is the satisfaction and closing
of the money judgment to get it off his credit report as an active debt.

"Bob Whiteside" wrote in message
nk.net...

"Gini" wrote in message
...
In article . net, Bob
Whiteside
says...

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

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?
===
Hehe--Especially since he'd already asked if I dealt with FL to which
I
responded, "Yes." Perhaps, he doesn't know the meaning of "Yes." Heck,
he
doesn't even know who DOR is, yet acts like I haven't a clue. Oh well,
he
can do
his own damn research now--or plunk down 2k for a retainer just to
have
the
lawyer tell him what I already told him. That would be sweet. No wait,
the
lawyer won't tell him that; the lawyer will tell him that he needs a
lawyer.
See, the thing is that he *already has an order to end CS when the
child
turns
18.* He doesn't need a modification (absent arrears or another child
of
the
order)--he simply needs to notify the court of the terminating event
which
will
be verified and written notice will be sent to the employer. The case
will
then
be closed. (But, I'll be damned if I'm gonna tell him that now.)
===

Just having an Order with language ending CS at age 18 may not be
enough.
That's why I threw in my 2 cents. When I went though this I found the
process to close out CS obligations varied between and did not follow
the
state law in one county. They had their own process and refused to
follow
the state law as written.

What the OP needs to do is threefold - Stop the wage withholding,
====
When the court/DOR ends the wage withholding upon the event of majority,
they
automatically, as a matter of procedure, close the case and it appears as
such
on the record. This refers only to Florida, per the OP's inquiry (and
assuming
the process hasn't changed within the past three years). I have't a clue
how it
is done in your jurisdiction or any other jurisdiction, for that matter.
Now, I
shall refrain from further comment on this very simple matter that has
somehow
become way more convoluted than necessary.
====

I'm just speaking from experience. A year after I received notice my case
was closed I discovered the CS money judgment was still active on my
credit
report. The rogue county (the largest in the state by the way) I
mentioned
earlier was more than willing to close the CS case file, but they refused
to
show the CS judgment as fully satisfied and mark the money judgment
"inactive" without a local judge's order.

You know how these bureaucratic idiots think! They actually tried to tell
me they couldn't help me get the satisfaction filed and the court order
signed because my file was closed. They closed the file and then tried to
claim the fact the file was closed prevented them from acting further. I
wrote to the head of the state's CS program and the county DA and
complained
I was asking for IV-D services and they were refusing to provide me with
IV-D services and if they didn't help me I was going to contact the
Federal
CSE program and suggest their IV-D money be stopped. A deputy DA called
me
repeatedly after that to make sure I was aware of every step she was
doing,
how they were working for me, and if I needed anymore help.

Sounds like the time I closed my checking account at a bank. I had
overdraft protection there--the bank would put $100 from my credit card into
my checking account if the balance fell below $50. I had never used that
particular service. But when I closed the account, the new 0 balance
apparently triggered the overdraft, and I found the charge on my next
credit card statement. When I called the bank, they informed me that I had
closed my account so there was, naturally, no balance. The credit card
folks said that indeed, I did have to pay the charge. This went on for
several months, with one group telling me that there was no such account,
and the other saying that I had to pay. Finally, I went to the bank in
person and refused to leave until it was cleared up. It is unbelievable
what bureaucrats can screw up!!

In article et, Bob Whiteside
says...


"Gini" wrote
...............
====
When the court/DOR ends the wage withholding upon the event of majority,
they
automatically, as a matter of procedure, close the case and it appears as
such
on the record. This refers only to Florida, per the OP's inquiry (and
assuming
the process hasn't changed within the past three years). I have't a clue
how it
is done in your jurisdiction or any other jurisdiction, for that matter.
Now, I
shall refrain from further comment on this very simple matter that has
somehow
become way more convoluted than necessary.
====

I'm just speaking from experience. A year after I received notice my case
was closed I discovered the CS money judgment was still active on my credit
report. The rogue county (the largest in the state by the way) I mentioned
earlier was more than willing to close the CS case file, but they refused to
show the CS judgment as fully satisfied and mark the money judgment
"inactive" without a local judge's order.

You know how these bureaucratic idiots think! They actually tried to tell
me they couldn't help me get the satisfaction filed and the court order
signed because my file was closed. They closed the file and then tried to
claim the fact the file was closed prevented them from acting further. I
wrote to the head of the state's CS program and the county DA and complained
I was asking for IV-D services and they were refusing to provide me with
IV-D services and if they didn't help me I was going to contact the Federal
CSE program and suggest their IV-D money be stopped. A deputy DA called me
repeatedly after that to make sure I was aware of every step she was doing,
how they were working for me, and if I needed anymore help.

My point is simply it is a 3 step process and closing the file is just one
of the three steps. And don't trust the bureaucrats to do it right! The
most important steps for an NCP to monitor is the satisfaction and closing
of the money judgment to get it off his credit report as an active debt.
===
I do not believe Florida reports CS to credit bureaus unless there are
delinquencies/arrears. I know ours was not reported until the arrears were
claimed and as soon as it was paid, I disputed it and the acct. was changed to
paid/closed. In fact, "our" arrears were never in collections. The payment plan
was established and we paid it via standard income withholding. I am well aware
of how the state screws things up but--Florida is very unique in that it has a
fairly elaborate pro se system in place that is, ah-hem, intended to make things
smooth and easy for the cash-strapped NCP. Despite the state's outward hostility
to NCPs, it does offer tremendous legal assistance (self-research, legal forms &
step-by-step instructions) for those going it without the benefit of an
attorney, and the statutes do suggest judges allow *some* procedural leeway to
pro se NCPs. In fact, each county has a specific bureaucrat with the title of
"pro se facilitator" or some such. For the record, despite the pro se system, I
always, always warn Florida dads to lawyer up soundly when dealing with FL/DOR
for all but the most simple of legal processes (such as ending CS at the age of
majority :-)
===
===

So back to my original question, is it a Motion or Petition for Modification
situation?

"Gini" wrote in message ...
In article et, Bob
Whiteside
says...


"Gini" wrote
..............
====
When the court/DOR ends the wage withholding upon the event of
majority,
they
automatically, as a matter of procedure, close the case and it appears
as
such
on the record. This refers only to Florida, per the OP's inquiry (and
assuming
the process hasn't changed within the past three years). I have't a
clue
how it
is done in your jurisdiction or any other jurisdiction, for that
matter.
Now, I
shall refrain from further comment on this very simple matter that has
somehow
become way more convoluted than necessary.
====

I'm just speaking from experience. A year after I received notice my
case
was closed I discovered the CS money judgment was still active on my
credit
report. The rogue county (the largest in the state by the way) I
mentioned
earlier was more than willing to close the CS case file, but they refused
to
show the CS judgment as fully satisfied and mark the money judgment
"inactive" without a local judge's order.

You know how these bureaucratic idiots think! They actually tried to
tell
me they couldn't help me get the satisfaction filed and the court order
signed because my file was closed. They closed the file and then tried
to
claim the fact the file was closed prevented them from acting further. I
wrote to the head of the state's CS program and the county DA and
complained
I was asking for IV-D services and they were refusing to provide me with
IV-D services and if they didn't help me I was going to contact the
Federal
CSE program and suggest their IV-D money be stopped. A deputy DA called
me
repeatedly after that to make sure I was aware of every step she was
doing,
how they were working for me, and if I needed anymore help.

My point is simply it is a 3 step process and closing the file is just
one
of the three steps. And don't trust the bureaucrats to do it right! The
most important steps for an NCP to monitor is the satisfaction and
closing
of the money judgment to get it off his credit report as an active debt.
===
I do not believe Florida reports CS to credit bureaus unless there are
delinquencies/arrears. I know ours was not reported until the arrears were
claimed and as soon as it was paid, I disputed it and the acct. was
changed to
paid/closed. In fact, "our" arrears were never in collections. The payment
plan
was established and we paid it via standard income withholding. I am well
aware
of how the state screws things up but--Florida is very unique in that it
has a
fairly elaborate pro se system in place that is, ah-hem, intended to make
things
smooth and easy for the cash-strapped NCP. Despite the state's outward
hostility
to NCPs, it does offer tremendous legal assistance (self-research, legal
forms &
step-by-step instructions) for those going it without the benefit of an
attorney, and the statutes do suggest judges allow *some* procedural
leeway to
pro se NCPs. In fact, each county has a specific bureaucrat with the title
of
"pro se facilitator" or some such. For the record, despite the pro se
system, I
always, always warn Florida dads to lawyer up soundly when dealing with
FL/DOR
for all but the most simple of legal processes (such as ending CS at the
age of
majority :-)
===
===

In article , rj says...

So back to my original question, is it a Motion or Petition for Modification
situation?
=====
I ain't splainin' it agin. What about you, Bob? (Note to rj: What did the Clerk
of Courts say when you called to ask?)
=====
=====

"Gini" wrote in message ...
In article et, Bob
Whiteside
says...


"Gini" wrote
..............
====
When the court/DOR ends the wage withholding upon the event of
majority,
they
automatically, as a matter of procedure, close the case and it appears
as
such
on the record. This refers only to Florida, per the OP's inquiry (and
assuming
the process hasn't changed within the past three years). I have't a
clue
how it
is done in your jurisdiction or any other jurisdiction, for that
matter.
Now, I
shall refrain from further comment on this very simple matter that has
somehow
become way more convoluted than necessary.
====

I'm just speaking from experience. A year after I received notice my
case
was closed I discovered the CS money judgment was still active on my
credit
report. The rogue county (the largest in the state by the way) I
mentioned
earlier was more than willing to close the CS case file, but they refused
to
show the CS judgment as fully satisfied and mark the money judgment
"inactive" without a local judge's order.

You know how these bureaucratic idiots think! They actually tried to
tell
me they couldn't help me get the satisfaction filed and the court order
signed because my file was closed. They closed the file and then tried
to
claim the fact the file was closed prevented them from acting further. I
wrote to the head of the state's CS program and the county DA and
complained
I was asking for IV-D services and they were refusing to provide me with
IV-D services and if they didn't help me I was going to contact the
Federal
CSE program and suggest their IV-D money be stopped. A deputy DA called
me
repeatedly after that to make sure I was aware of every step she was
doing,
how they were working for me, and if I needed anymore help.

My point is simply it is a 3 step process and closing the file is just
one
of the three steps. And don't trust the bureaucrats to do it right! The
most important steps for an NCP to monitor is the satisfaction and
closing
of the money judgment to get it off his credit report as an active debt.
===
I do not believe Florida reports CS to credit bureaus unless there are
delinquencies/arrears. I know ours was not reported until the arrears were
claimed and as soon as it was paid, I disputed it and the acct. was
changed to
paid/closed. In fact, "our" arrears were never in collections. The payment
plan
was established and we paid it via standard income withholding. I am well
aware
of how the state screws things up but--Florida is very unique in that it
has a
fairly elaborate pro se system in place that is, ah-hem, intended to make
things
smooth and easy for the cash-strapped NCP. Despite the state's outward
hostility
to NCPs, it does offer tremendous legal assistance (self-research, legal
forms &
step-by-step instructions) for those going it without the benefit of an
attorney, and the statutes do suggest judges allow *some* procedural
leeway to
pro se NCPs. In fact, each county has a specific bureaucrat with the title
of
"pro se facilitator" or some such. For the record, despite the pro se
system, I
always, always warn Florida dads to lawyer up soundly when dealing with
FL/DOR
for all but the most simple of legal processes (such as ending CS at the
age of
majority :-)
===
===

You know what the Clerk said and that's why I didn't bother calling them.
Thanks to those here who answered my question.

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

So back to my original question, is it a Motion or Petition for
Modification
situation?
=====
I ain't splainin' it agin. What about you, Bob? (Note to rj: What did the
Clerk
of Courts say when you called to ask?)
=====
=====

"Gini" wrote in message
...
In article et, Bob
Whiteside
says...


"Gini" wrote
..............
====
When the court/DOR ends the wage withholding upon the event of
majority,
they
automatically, as a matter of procedure, close the case and it
appears
as
such
on the record. This refers only to Florida, per the OP's inquiry
(and
assuming
the process hasn't changed within the past three years). I have't a
clue
how it
is done in your jurisdiction or any other jurisdiction, for that
matter.
Now, I
shall refrain from further comment on this very simple matter that
has
somehow
become way more convoluted than necessary.
====

I'm just speaking from experience. A year after I received notice my
case
was closed I discovered the CS money judgment was still active on my
credit
report. The rogue county (the largest in the state by the way) I
mentioned
earlier was more than willing to close the CS case file, but they
refused
to
show the CS judgment as fully satisfied and mark the money judgment
"inactive" without a local judge's order.

You know how these bureaucratic idiots think! They actually tried to
tell
me they couldn't help me get the satisfaction filed and the court
order
signed because my file was closed. They closed the file and then
tried
to
claim the fact the file was closed prevented them from acting further.
I
wrote to the head of the state's CS program and the county DA and
complained
I was asking for IV-D services and they were refusing to provide me
with
IV-D services and if they didn't help me I was going to contact the
Federal
CSE program and suggest their IV-D money be stopped. A deputy DA
called
me
repeatedly after that to make sure I was aware of every step she was
doing,
how they were working for me, and if I needed anymore help.

My point is simply it is a 3 step process and closing the file is just
one
of the three steps. And don't trust the bureaucrats to do it right!
The
most important steps for an NCP to monitor is the satisfaction and
closing
of the money judgment to get it off his credit report as an active
debt.
===
I do not believe Florida reports CS to credit bureaus unless there are
delinquencies/arrears. I know ours was not reported until the arrears
were
claimed and as soon as it was paid, I disputed it and the acct. was
changed to
paid/closed. In fact, "our" arrears were never in collections. The
payment
plan
was established and we paid it via standard income withholding. I am
well
aware
of how the state screws things up but--Florida is very unique in that
it
has a
fairly elaborate pro se system in place that is, ah-hem, intended to
make
things
smooth and easy for the cash-strapped NCP. Despite the state's outward
hostility
to NCPs, it does offer tremendous legal assistance (self-research,
legal
forms &
step-by-step instructions) for those going it without the benefit of an
attorney, and the statutes do suggest judges allow *some* procedural
leeway to
pro se NCPs. In fact, each county has a specific bureaucrat with the
title
of
"pro se facilitator" or some such. For the record, despite the pro se
system, I
always, always warn Florida dads to lawyer up soundly when dealing with
FL/DOR
for all but the most simple of legal processes (such as ending CS at
the
age of
majority :-)
===
===