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Family Forum / Marriage / Divorce / March 2008My ex in Florida, how to enforce child support? Help/advice needed.
Hello Experts, Need your help and expert opinion on my situation. My ex pays me child support $238 since year 2001 for 2 children. That amount was identified when he was unemployed. Since then he moved to Florida (2003) with a new wife, bought a house and working there. But still paying $238. Actually the reason I decided to ask for help is he did not pay this month. FRO, Family Responsibility Office said to wait until the end of month and then provide them info about my ex. I'm a single mom with 2 kids (14 and 18) with annual income $32K. My son, 18 years old is a first year university student. So we don't have much money for lawyers. My questions: 1. What would be the best way to handle this situation? (ex outside of Canada) 2. What is best way to re-new/review/re-assess the agreement and get more fair payments? Retro-active is possible? 3. Is there any way to find somebody "local"- St. Petersburg, FL to help me there or try to find somebody here in Toronto? 4. Can I find somebody who would work on condition to be paid % of he gets from the ex? I have his address and approximate work place. He is still in contact with our daughter. Son does not want to talk to him. Any help/advice would be greatly appreciated. Thanks, Nata P.S. If this is not a right place for this kind of questions, please point me to the right forum or news group. Thanks! > My ex pays me child support $238 since year 2001 for 2 children. > That amount was identified when he was unemployed. Since then [quoted text clipped - 6 lines] > My son, 18 years old is a first year university student. So we don't > have much money for lawyers. WOW. A "real" poster -- not spam or crud ! > 1. What would be the best way to handle this situation? (ex > outside of Canada) Have you asked him why? Either rely on the FRO (its what they are there for) or go back to the court which entered the CS order for an order to show cause why he should not be held in contempt. We once had a poster here who did this in Hong Kong in an effort to enforce visitation rights (phone calls) when his wife+kids had moved to the U.S. The "Order to Show Cause" can be served by a Sheriff's Office in Florida. > 2. What is best way to re-new/review/re-assess the agreement > and get more fair payments? Retro-active is possible? Go back to the court which entered the CS order for an order to modify CS. Retroactive? Not in the U.S.; dunno 'bout Canada. > 3. Is there any way to find somebody "local"- St. Petersburg, FL > to help me there or try to find somebody here in Toronto? Only the court that entered the original order has jurisdiction to modify it, but you may be able to enforce it locally thru a petition to a St. Pete court. You can do a Google-search for family-law lawyers. > 4. Can I find somebody who would work on condition to be > paid % of he gets from the ex? Its illegal for a lawyer to do that in a family-law case in Florida. Dunno 'bout Canada. Thanks a lot, Rog. So I have to initiate any changes here in Toronto, but there is no cooperation from the ex side? Can the court review, modify, do anything without another part/side presented? thanks, Nata >> My ex pays me child support $238 since year 2001 for 2 children. >> That amount was identified when he was unemployed. Since then [quoted text clipped - 39 lines] >Its illegal for a lawyer to do that in a family-law case in Florida. >Dunno 'bout Canada. > Thanks a lot, Rog. > So I have to initiate any changes here in Toronto, but there is > no cooperation from the ex side? Can the court review, modify, > do anything without another part/side presented? He was summoned+participated in the original court proceding, yes? Then, upon proper notice, your lawyer can obtain financial disclosures thru a variety of methods, such as interrogatories and subpoena(s) duces tecum. Yes, but he was here inToronto that time. He was the one who initiated the last review back to 2001 WHEN he was temporary unimployed. I had no lawyer and basically relied on justice only. Since then he moved to US as his new wife had the US "green card". Sorry if I'm not clear enough, I'm just trying to understand what would be the most effective but still affordable way to initiate the process. thanks again, Nata >> Thanks a lot, Rog. >> So I have to initiate any changes here in Toronto, but there is [quoted text clipped - 5 lines] >disclosures thru a variety of methods, such as interrogatories and >subpoena(s) duces tecum. > Yes, but he was here inToronto that time. He was the one who initiated > the last review back to 2001 WHEN he was temporary unimployed. I > had no lawyer and basically relied on justice only. Since then he moved > to US as his new wife had the US "green card". You intiate the review exactly the same way he did... with the court that entered the C/S decree. If you cannot figure it yourself, ask the clerk of court if they can help you with a pro se petition, or hire a lawyer. >> Yes, but he was here inToronto that time. He was the one who initiated >> the last review back to 2001 WHEN he was temporary unimployed. I [quoted text clipped - 5 lines] > of > court if they can help you with a pro se petition, or hire a lawyer. This seems like a case where a lawyer might be cost effective, actually - if the lawyer can get your CS updated to an amount that more than covers the cost of hiring one over time, then it would be well worth it. If it were me, I'd at least consult with one... |
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