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FL "credit for child support" motion

Discussion in 'Child Support' started by Hotsaucepeppers, Jun 15, 2015.

  1. Hotsaucepeppers

    Hotsaucepeppers Law Topic Starter New Member

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    Ten years ago I got a support order.

    A few years later my ex and I lived together briefly on 2 different occasions. The last time being in 2012.

    He paid about 20 support payments during the time that we were not together.

    I have recently went to the DOR to reestablish support and have it enforced.

    He is now saying we lived together virtually the entire time and seeking credit for the past 10 years and we have an upcoming court date.

    My question is, is this common, what proof or documents does he need, if any at all, and how likely is it that he will not have to pay the arrears, which is about $80,000. And lastly, what documents do I need for the hearing?

    Thank you.
     
  2. army judge

    army judge Super Moderator

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    It'll be your word against his, except he doesn't know the authorities know where he resided (or can quickly find out where he resided), if he tries to lie.

    It's a good idea not to communicate with the deadbeat.
     
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  3. Hotsaucepeppers

    Hotsaucepeppers Law Topic Starter New Member

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    Thank you for the reply.

    He has hired an attorney, is this something I should have an attorney for as well? CSE/DOR will be there but I'm not sure if I need an attorney of my own.
     
  4. army judge

    army judge Super Moderator

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    It couldn't hurt to retain an attorney.
    It helps you keep things equal, and makes sure all of your rights are protected.
    Why not talk to a couple, and then decide?
     
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  5. Hotsaucepeppers

    Hotsaucepeppers Law Topic Starter New Member

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    Sounds good. Thank you.

    Have a great night.
     
  6. txls

    txls Well-Known Member

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    It's usually best to have an attorney when the other side does. Your attorney can advise you what, if any documentation you may need to bring with you so that you're not caught by surprise.
     
  7. Hotsaucepeppers

    Hotsaucepeppers Law Topic Starter New Member

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    I called two local attorneys today and they both said the same thing, that the DOR will have an attorney there and that I wouldn't need a second one. But it seems like maybe this wouldn't be "enough".

    I just want to be sure he only gets credit for the time we actually lived together because all of the other years my child and I really struggled with no help from him, while he has lived a successful life and lifestyle. So I really want to be prepared in court to prove my case. This is someone who's known to be slick as ice, known to get out of everything. The only real "evidence" I have is maybe a lease or two I still have around and my DV INJ I had for many years. That would really be it. If anyone has any ideas of something I may want to bring I'd love to hear it.

    Thank you again in advance.
     
  8. army judge

    army judge Super Moderator

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    Talk to a private investigator, and ask about obtaining a person's residences of record for the last 5, 10, or 15 years.

    There are legal ways to acquire such information.

    For example, any DMV would have addresses for someone.
    The postal service can be a treasure trove.
    If the person has professional or trade licenses: plumber, contractor, teacher, lawyer, physician, etc..
    A good PI or "skip tracer" can obtain the information.
     

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