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RJC247

JURISDICTION after 18

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Support orders state " father is to continue paying child support as long as he has the obligation under Florida law."  Also:  Support was paid via IWO through the FSDU from day one!  

My understanding of the law is

1. Support is to continue past the age of 18 if child is still a Senior in  high school, on schedule to graduate as planned, and to continue to graduation unless orders state differently. 

2. When support is paid via an IWO there is to be a court order for payments to cease.  

3. Should an employer violate this rule and stop payments without court order they will be liable for the amount owed, as well as $250 for each pay period involved,

4. There is no statute of limitations for retro child support collection when support amount has been based on time sharing. Retro amount owed will go back to when parent first stopped exercising court ordered time sharing.  

Daughter turned 18 on September 20, 2016, graduated on schedule 8 months later, May 24, 2017.  Child support is based on time sharing with a significant amount of time calculated for father: every Thursday night and every other Th Fri Sat Sun.    My issue at hand is:

1.  Support payments abruptly stopped, PRIOR TO HER 18TH BIRTHDAY, still having one more pay period due for payment.

2.  Support was stopped WITHOUT A COURT ORDER confirmed by clerk of court when I called to verify this information.

3.  Father also stopped court ordered time sharing in 2009/2010 when child was in 8th grade after meeting girlfriend, placing all additional financial responsibilities on myself with constant refusal to help or participate with anything. My questions: 

1. Can I file to collect the past due amount owed through her graduation as well as have employer liable?

2. Can I file for retro support dating back to 2009 for the difference in amount he would owe if recalculation had taken place?

3. Does the court lose jurisdiction due to the fact that child is now 19?

Thank you

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I'm no expert on Florida law, but based on my understanding of the facts you present, the answers to your questions should be:

 

1.  Maybe.  Why have you waited so long to deal with this?  You can try to get an order for child support arrears from your ex, but good luck on holding the employer liable.  You'd probably have to prove the employer actually colluded with your ex to deprive you of the payments, and there are plenty of dodges available to make that difficult.  If you want to proceed against the employer, you'll surely need an attorney who can advise you on the best way to do it.

 

2.  No.  Technically, you can file for whatever you want, but this would probably be tossed as without merit.  In the first place, visitation (what you call time sharing) is generally held by the courts to be a right but not an obligation on the noncustodial parent, and in the second place the recalculation never took place.  The time to deal with this would have been when your ex halted the visits.  Note that the visitation schedule you describe generally corresponds to what is considered to be so-called "standard" visitation, so there's no reason to suppose that if you had asked the court for a recalculation, the result would have been any different.

 

3.  No.

 

You really need to discuss this with a local family law attorney before you head for court.  Your case as you present it here has enough ambiguities to give anyone pause who doesn't have a thorough understanding of the relevant Florida laws and judicial guidelines.

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7 hours ago, RJC247 said:

Father also stopped court ordered time sharing in 2009/2010 when child was in 8th grade after meeting girlfriend, placing all additional financial responsibilities on myself with constant refusal to help or participate with anything.

 

Visitation is a right.  It's not an obligation.  When he stopped visiting with the child, did you seek to modify the support to reflect that fact?  If not, then this is an irrelevant point.

 

 

7 hours ago, RJC247 said:

Can I file to collect the past due amount owed through her graduation as well as have employer liable?

 

Of course you can and probably will be successful (at least as to your ex).

 

 

7 hours ago, RJC247 said:

Can I file for retro support dating back to 2009 for the difference in amount he would owe if recalculation had taken place?

 

Can you file?  Yes.  Will you be successful?  No.

 

 

7 hours ago, RJC247 said:

Does the court lose jurisdiction due to the fact that child is now 19?

 

No.

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