Legal Question in Family Law in Florida
My name is Jennifer Shearer I reside in Tn a while back I divorced my husband but at the court in Florida I said I would move back to Florida I am coming up on the date where I am to move back to Florida which is March I have only recived 1 child support payment from him for our 2 kids and her claimed them on his taxes and I protested it I have no money to get a lawyer and not sure what to do I been told I need to FILE A MOTION TO AMEND FINAL JUDGMENT what can I do I can't afford a lawyer and what state lawyer do I get Tn or Fl I am lost and feel helpless
2 Answers from Attorneys
If the divorce was finalized in FL (and you are moving back here anyway), you would want a lawyer in FL. Unless you are seeking modification of the support order, what you want is to enforce the child support order. I would start with the FL Dept of Revenue - Child Support Enforcement. See www.myflorida.com/dor/childsupport/. His wages can be garnished, and in the most extreme cases, he can be jailed for contempt of court for failing to pay his support obligations.
Without a court order allowing him to claim the children as tax deductions, he is in big trouble with the IRS. He may also be facing charges of fraud as well as the IRS must have a form signed that allows the father to claim the children and vice versa when not stated in the divorce decree.
Contact the IRS and inform them of this situation.
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