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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. |
#2
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"rj" wrote in message
news 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. |
#3
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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. === === |
#4
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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. === === |
#5
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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. === === |
#6
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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. === === |
#7
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"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. |
#8
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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. === === |
#9
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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. === === |
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