Legal Question in Family Law in Florida

Hello everyone! This may be kind of long...I was divorced a couple of years ago and in my divorce papers, it states that I could pay child support directly to my ex-husband unless I was more than 15 days late. We divorced in June 2010, and in July 2012, I started getting notices that I had a past due balance. Come to find out, he had applied for welfare the month after we divorced. The person on the phone said that since he applied for state assistance, my child support was required to be paid through the Department of Revenue. I set up automatic payments to the DOR, but they are taking out the amount plus an additional amount to pay off my "past due" child support. Well, I took in all of my bank statements showing proof of payment to DOR a few months ago, and they said there's nothing they could do. They also took my 2012 Tax Refund for this. I spoke to my ex who said he would send me my refund when it got deposited, but my online DOR record shows the payment posting 8 July 2013. He's saying he never saw the money. I really don't know what to do. I am in the military, and he lives 17 hours away. Should I sue him? Should I get a lawyer for this? I am just very confused and would appreciate any help that can be provided.

Asked on 8/28/13, 11:06 pm

1 Answer from Attorneys

John Smitten Carey and Leisure

You have to file a motion for credits against child support arrears and have the court sort this out.

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Answered on 8/29/13, 3:30 am

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