A Parenting & kids forum. ParentingBanter.com

If this is your first visit, be sure to check out the FAQ by clicking the link above. You may have to register before you can post: click the register link above to proceed. To start viewing messages, select the forum that you want to visit from the selection below.

Go Back   Home » ParentingBanter.com forum » alt.support » Child Support
Site Map Home Authors List Search Today's Posts Mark Forums Read Web Partners

Motion or Modification



 
 
Thread Tools Display Modes
  #1  
Old July 21st 05, 04:28 PM
rj
external usenet poster
 
Posts: n/a
Default 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  
Old July 21st 05, 06:24 PM
Dusty
external usenet poster
 
Posts: n/a
Default

"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  
Old July 21st 05, 06:32 PM
Gini
external usenet poster
 
Posts: n/a
Default

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  
Old July 21st 05, 07:36 PM
rj
external usenet poster
 
Posts: n/a
Default

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  
Old July 21st 05, 11:16 PM
Gini
external usenet poster
 
Posts: n/a
Default

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  
Old July 22nd 05, 02:46 AM
rj
external usenet poster
 
Posts: n/a
Default

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  
Old July 22nd 05, 03:18 AM
Bob Whiteside
external usenet poster
 
Posts: n/a
Default


"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  
Old July 22nd 05, 07:57 AM
Gini
external usenet poster
 
Posts: n/a
Default

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  
Old July 22nd 05, 08:12 AM
Gini
external usenet poster
 
Posts: n/a
Default

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.
====

  #10  
Old July 22nd 05, 09:32 AM
teachrmama
external usenet poster
 
Posts: n/a
Default

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.
===
===








 




Thread Tools
Display Modes

Posting Rules
You may not post new threads
You may not post replies
You may not post attachments
You may not edit your posts

vB code is On
Smilies are On
[IMG] code is On
HTML code is Off
Forum Jump

Similar Threads
Thread Thread Starter Forum Replies Last Post
Baby's problem passing motion tamarind Pregnancy 2 September 5th 04 03:01 AM
Deadbeats - filing a motion to stop child support payments Moon Shyne Child Support 1 August 7th 04 11:55 PM
Paternity Fraud - US Supreme Court Wizardlaw Child Support 12 June 4th 04 02:19 AM
Mother's Paternity Fraud - US Supreme Court Case TrashBBRT Child Support 8 May 21st 04 05:52 PM
Sample US Supreme Court Petition Wizardlaw Child Support 28 January 21st 04 07:23 PM


All times are GMT +1. The time now is 06:11 PM.


Powered by vBulletin® Version 3.6.4
Copyright ©2000 - 2024, Jelsoft Enterprises Ltd.
Copyright ©2004-2024 ParentingBanter.com.
The comments are property of their posters.