Reduction, how to in Florida?

[MrSteve]

Back ground…

I have a son (he is now 13 years old) from a old "girlfriend" when I lived in New Your and now I live in Florida (5 years). The Support case has now been handed over to the State Of Florida. I owe $22,000 in back support (because I haven't worked in 3 years) and just came from court today with the judge telling me "$500.00 or go to jail", needless to say I got the money from my Ex-wife (but we are girlfriend / boyfriend, we have a 3 year daughter and live in the same house). My Ex-Wife keep a roof over my head but I am not clamed on her taxes or anything that says she "Supports me".

While in court today I asked the Judge for a Paternity test. I told the Judge, because after moving here 5 years ago people started talking and saying that they thought the Boy wasn't mine (ex-girlfriend was talking) and the ex-girlfriend asked if I would give up my Father rights to a person she just knew for 4 months (so she said), at that time I said NO. Well after giving this story to the court the Judge told me if I wanted that test then I would have to go to New York to get it done (I have NO money to go to NY and pay for a test)… How can this be if the case is now here being handled by Florida? PLEASE let me add I did not clam the child as mine until he was 2 years old, that happen because of my ex-girlfriend saying if I didn't go to court and say he was mine, she would NEVER let me see him again, so I did what I thought was right.

With said above, now with the reason of this post… Like I said I have not worked in 3+ years and my Ex-Wife would like me to stay home and take care of our little girl (that is what I have been doing for the 3 years. The reason I stopped working is because of the New York order was taking $145.00 + $75.00 for past child support. Well the job I had here in Florida was less then half what I was making in New York and I had no money to try and get the child support reduced. After the money was taken from my check I could afford to drive to work anymore 100 miles round trip.

Ok, sorry for such a long post, but I wanted to put everything on the table as much as I could.

1… How can I get this test for Paternity when I live in Florida, but the child lives in NY and the Judge says I must go there to get the test?

2… How can I get a Reduction in payments and what should the Reduction be when I am taking in no money what so ever. The ex-wife gives me what is needed to live, I truely do not get any money from her.

Side note for #2, in court today the state asked if I was getting paid for "Babysitting"? What was the state getting at asking this? Can you get paid for watching your own child? I guess what I am asking is, if the ex-wife said she would give me $3.00 per hr for 9 hours a day x 6 days = $162.00 would the state take that as income?

Thank you so much for your time.

 

[MrSteve]

Sorry I should add, that I moved down to Florida to be with my ex-wife again (to get back together), we were divorced for almost 15 years at that time of the move.

 

[Duranie]

A few things here...

First of all it is too late to question paternity. You should have requested a DNA test a long time ago. If the judge is actually going to let you take one after all this time then you need to abide by his rules. I would not bother with it. You are the legal father of this child it sounds like and he knows you as DAD, so be it.

Rights cannot be terminated unless your ex girlfriend remarries and stays married for 1 or 2 years, then termination of rights needs to be done and he needs to formally adopt.

A judge is not going to let any schmuck adopt, especially if it is to get out of paying child support.

this would probably not take away the arrears though. You have let it stack up and did nothing about it.

Your not working to get out of child support does not set well with many people. You should be lucky you are not in jail already. You had this child, and you did not question paternity, so you have to pay support. Either your wife needs to pay it or you need to get a job. You cannot remain jobless when you have a child to support.

you need to support this child, you very likely cannot get a reduction in support. Get a job and start earning a living.

Since you choose not to work, an income will likely be inputed for you. Minimim wage 40 hours a week is probably what they will go buy.

I don't have any other advise for you but you cannot get out of your child support obligations and avoid working. If your ex wife/girlfriend wants to support this child and pay your support she will end up doing that to keep you out of jail.

 

[MrSteve]

Thanks for the reply...

I fill you are assuming to much on 1 or 2 things, but again I am the bad guy here (just like ALL parents that don't pay CS, but the Dads are always the worse), because the full story just can not be told on a forum or a judge doesn't want to hear it.

It is always a one way street when it comes to CS, it is for the child, um yeah sure it is. I would guess there is a very high number of kids out there that NEVER see a dime of that money for the reason it is taken from the CS making parent. Like in my case, as soon as she saw she was going to get the amount the judge ordered, she bought a $25,000 boat, well guess what, she doesn't have that boat anymore, I guess she just assumed that money would be there every month. Oh that's right, thats my fault because NOW my son (because I can't prove other wise) can't go water skiing, like he NEEDED a boat at his age.

You could reply if you wish... But I feel I was being a bit silly to even think that I could get some help from here. I mean after looking at post about people in my position they all were more or less told the same thing I was, from your post it seems to me I am being called a loser.

The way I see it sure I could go to jail, believe me I don't want to, BUT that wont get the money paid for CS. 100% of nothing is still nothing. It would be better to reduce the money to a reasonable amount, I am not working at a $43,000 year job like I was in NY 5+ years ago, I can't find a job to get close to a $23,000 a year doing the same thing I was in NY. BUT if the caretaker feels they want MORE money, in most cases the court says ok, that is just bull.

Someday someone will stand up to the plate and handle this one way street.

 

[Duranie]

If you can get a job making 23,000 a year then take it. Working some job is better than being totally unemployed.

I am not biased against men, or you whatsoever. It is possible to have your child support reduced BUT you have to find appropriate work. They are not going to base your child support off minimum wage if you have a masters degree. They base it off what you are capable of making.

At the time you became unemployed, you should have found work and paid SOMETHING, then applied for a reduction.

What this woman buys with her money is her business, her boat has nothing to do with this.

Child support is based on your income. If you only make 24k a year then your CS should be reduced to reflect that amount.

You cannot sit around, unemployed, letting the arrears stack up.

The bottom line is, you are required to support your children.

You might qualify for legal aid if you cannot afford an attorney. It sounds like you are not going to be able to remain unemployed forever.

 

[carney]

Under the Personal Responsibility and Work Opportunity Act of 1996 an acknowledgment of paternity becomes a finding of paternity unless the man who signed the acknowledgment denies that he is the father within 60 days. Usually once you have acknowledged you are the father with or without a paternity test, you have a small amount of time to deny it and ask for a paternity test. If it's past that time, the court usually wont care if you think you aren't the father or have proven with a paternity test that you aren't the father. The court in most cases still make you pay child support. Is that fair? No. But unfortunately that's what happens. If that judge said have a paternity test done in NY, then go up there and do it. He may be giving you a chance. Then again he may say it doesn't matter when you go back to court. I would take that chance, at least to know if it was my child or not.
Either parent can request a review and adjustment of a child support obligation every 36 months or sooner if there has been a substantial change in circumstances such as reduced income of the obligated parent. Check with your CSE office to see if your child support obligation is in line with state guidelines and ask how to request a review.

 

[tanya24]

Under the Personal Responsibility and Work Opportunity Act of 1996 an acknowledgment of paternity becomes a finding of paternity unless the man who signed the acknowledgment denies that he is the father within 60 days. Usually once you have acknowledged you are the father with or without a paternity test, you have a small amount of time to deny it and ask for a paternity test. If it's past that time, the court usually wont care if you think you aren't the father or have proven with a paternity test that you aren't the father. The court in most cases still make you pay child support. Is that fair? No. But unfortunately that's what happens. If that judge said have a paternity test done in NY, then go up there and do it. He may be giving you a chance. Then again he may say it doesn't matter when you go back to court. I would take that chance, at least to know if it was my child or not.
Either parent can request a review and adjustment of a child support obligation every 36 months or sooner if there has been a substantial change in circumstances such as reduced income of the obligated parent. Check with your CSE office to see if your child support obligation is in line with state guidelines and ask how to request a review.

I am sorry that you are going threw this. Florida is a hard state with child support I know my fiance may have a child but don't know if the child is his are not. He did not sign anything when he was born he was not even in the state when the child was born she didn't even look for him and the child is 9 years old now all of a sudden she wants him to pay support even when he told her he did not hink he was the father.