QUESTION
I pay extra on my child support through the state each month. What is this money considered?
Asked on Jul 15th, 2018 on Family Law - Florida
More details to this question:
Due to a technicality a couple years ago I was told I was 11000 dollars behind on child support. Problem was upon divorce we agreed on a monthly amount of support. Somewhere in the process it was changed to weekly. I paid monthly for years not realizing the months with five weeks I was being considered behind. With interest. My exwife and I both agreed I was current. She provided a notarized paper stating this to the courts. The judge refused to except it so I had to pay the money. A week later she gave me a cashier check for the full amount. We were both highly pissed that even though both parties stated the monies were not owed the judge abused her power and said pay it any way. Just caused a hassle for both of us. I now pay biweekly and pay extra so that I'm never considered behind again. Our child is now sixteen. What will this extra i pay through the state be considered?
1 ANSWER
Family Law Attorney serving Coral Gables, FL
at
David B. Mitchell, P.A.
Update Your Profile
I am sorry you have been caught up in a legal quagmire but perhaps I can help. I am not sure if your child support obligaiton was created in the Family Division of the Circuit Court or the Child Support Enforcement Divison through the Florida Department of Revenue, which is an administrative court procedure. Not to be too technical, but it can make a difference in how you proceed. Your ex-wife's refund is most unusual and I applaud her honesty! I also understand that the arrears shown on your record is now cleared.
Here is what I would recommend: The court (or administrative law judge) has ordered bi-weekly payments. Take your monthly child support amount and break it down into bi-weekly payments. Bi-weekly means that the monthly amount times twelve months (for one year) is divided into 26 equal parts, as opposed to bi-monthly which is twice a month, or 24 equal payments made per year. Pay the bi-weekly amount every other week. No more, no less. From what you said, that is what the court (or administrative law judge) has ordered. There is no need for you to "pay extra" each month.
Concerning your last quesiton about how to consider any 'extra' that you pay each month, I am assuming that you are paying your support through the Florida State Disbursement Unit ('SDU') in Tallahassee, which is standard. If so, your record at SDU will show a surplus that you are carrying. I am not sure if the SDU is sending that to your ex-wife along with your bi-weekly child support check or just carrying it forward on its books. You should contact the SDU and ask for a copy of your paymnt history printout. This will tell you if the SDU is sending the money to your ex-wife (and another refund check is in order) or if it is just being 'banked' by SDU. If banked, you can ask the SDU how to reduce/eliminate the surplus. Contact SDU at P.O. Box 8030, Tallahassee 32399 or at (800) 622-5437 (but I would expect lots of phone delays).
I hope this helps.
Answered on Jul 17th, 2018 at 7:27 AM