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cyberbandit15 · Aug 26, 2007, 06:38 PM

I have a child support order from Florida which I have faithfully paid for years, I was laidoff indefinetely from my job the company is closing , I recently due to health uissue am unble to even seek another job and are waitng a decisuion for disability. I received info from illinios where I live that they have a income decduction from Florida. The order they sent take out my court ordered payment and arearages. They also have a additional 40.00 a week which is not court ordered coming out. Is this legal?I am not even working and now they taking a additional 160.00 a month . How can I get my child support changed to a reasonable amount. I have also heard that when my disability starts my child support case is closed is this true, what really happens?

ScottGem · Aug 26, 2007, 06:50 PM

You need to file with the court for a modification of support.

macksmom · Aug 26, 2007, 06:51 PM

You are responsible for paying child support weather you are working or not, obviously, I know you are not working so no income is coming in, but your arreages will just go up and you could be held in contempt of court. You would need to prove, at the time of the hearing, that you medically cannot work. If you are simply "waiting for a decision for disability" that is not going to be sufficient and they are going to say you need to work until that decision is made.

I don't see how they can be taking an additional $40 out without being court ordered. ANY changes made to child support have to be the result of a hearing. So I would definitely call and get that handled.

I have not heard of child supporting stopping once you start receiving disability checks... the child support would just be deducted from that check since that would now be your income.

jverner · Aug 27, 2007, 06:17 AM

Originally Posted by cyberbandit15

i ahve a child support order from florida which i have faithfully paid for years, i was laidoff indefinetely from my job the company is closing , i recently due to health uissue am unble to even seek another job and are waitng a decisuion for disability. i received info from illinios where i live that they have a income decduction from florida. the order they sent take out my court ordered payment and arearages. they also have a additional 40.00 a week which is not court ordered coming out. is this legal?i am not even working and now they taking a additional 160.00 a month . how can i get my child support changed to a reasonable amount. i have also heard that when my disability starts my child support case is closed is this true, what really happens?

I think you are going to have to get a Florida lawyer to change the Florida order. For more info about Florida child support laws, and lawyer directories, see The Child Support Web Child Support Enforcement Information & Resources

cjonline · Aug 27, 2007, 09:31 AM

It's your job to notify the courts that there was a change in income. When you lost your job and it became clear that you weren't able to get a new one you should have started paperwork, that being said... get an Florida attorney to start the paperwork now so your not charged anymore late fees. You will most likely have to go back to Florida at least once for the hearing; at least I would be there.

Not that this is a comfort but here they can charge you up to $85 for each late/missed payment. They look at it as a late fee to help you pay on time. The CP/child doesn't get that fee money, the state keeps it for their trouble of having to deal with you.

s_cianci · Aug 28, 2007, 01:41 PM

Generally, disability payments are not subject to garnishment. However, that does not "close" your child support case. You need to file a motion with the court where the initial order was established for a reduction based on changed circumstances, those being your layoff and health issues. Until you do this the initial order still stands and arrearages will continue to accrue.