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Q: Florida Child Support Payments after Child reaches Adulthood ( No Answer,   3 Comments )
Subject: Florida Child Support Payments after Child reaches Adulthood
Category: Family and Home > Families
Asked by: david0119-ga
List Price: $10.00
Posted: 07 Jan 2006 12:15 PST
Expires: 06 Feb 2006 12:15 PST
Question ID: 430404
I have been paying child support for many years. I have three
children. The youngest of my children (17 years old) just got married
without my knowledge. I found out from the Child Support people that I
will no longer owe Current support because of her marriage. However,
they said that I will have to continue to have my employer garnish my
wages for the FULL amount of child support due to the fact that I have
an arrearage balance. Is that true? Why the full amount instead of the
court ordered arrearage amount? Does anyone have any case law on this?
Has this law been challenged in Florida?
There is no answer at this time.

Subject: Re: Florida Child Support Payments after Child reaches Adulthood
From: siliconsamurai-ga on 07 Jan 2006 12:52 PST
I strongly suspect that what the child support people meant (and
probably said in leagal language designed to be incomprehensible) was
that you would have to pay arrearage up to the date of her
emancipation - in this case when she married.
Subject: Re: Florida Child Support Payments after Child reaches Adulthood
From: daniel2d-ga on 08 Jan 2006 20:20 PST
To the definitive answer to your question you need to ask the people
who told you that.
Subject: Re: Florida Child Support Payments after Child reaches Adulthood
From: irlandes-ga on 09 Jan 2006 21:24 PST
Child support laws do not vary as much state to state as many laws do,
due to Federal laws which mandate certain things.

Try to understand what is really happening.

First, you cannot stop paying regular support payments until the CS
agency or a court creates an order saying you may stop. No matter what
happens. Even if you know that child is married, thus emancipated, you
owe support until the official orders are changed.  if the agency says
you can stop, try to get it in writing, such as an official order
placed in your file at the c/s agency.  A lot of men get really
screwed up, thinking the facts settle it, only the correct paperwork
does that.

Depending upon circumstances, in some cases, one might need to get an
attorney and file with a court for change of support, based on the
emancipation. If you are lucky, the c/s agency will issue this order,
just as they can order you to pay, or change the amount.

Now, as to the arrearages. If you are behind, let us say, $5,000, then
you need to keep it coming after current payments are stopped, until
you catch up. That is, until you have paid up that $5,000 you owe. In
other words, you don't stop owing past c/s debt just because the child
is emancipated, with the correct order you just stop owing more new
support each week.

After that, then you need to get a paper for your own records which
show you have paid all owed child support. It's name may vary, but it
will essentially be a "release and satisfaction of judgement" (the
Iowa name). I am not up to date on this, but in the past, the
recipient (in most cases, an ex-wife) was required to supply this
release and satisfaction of judgement.

You need this for the future, in case you buy or sell real property,
etc, because child support obligations constitutes a judgement against
all property you own or will own, until it is released. Knowing you
have paid all your support does not do the job.

My personal experience with C/s agencies, as a divorce counselor, is
they are the last people to ask, and they can seldom calculate support
payments twice the same.

In any case, when you are sure as you can be all support is paid, you
will need to get an attorney to obtain for once and for all, the
releases you need. I have seen real problems years later when men did
not understand this.  If the ex- agrees it is paid, this need not cost
that much; it is sort of a routine document if there is no court
action needed, as would be the case when the ex- disagrees, or wants
to make your life difficult.

When the support is paid, and the recipienet knows it is, and still
refuses to sign the release, one must file a request for contempt of
court hearing.

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