Legal Question in Family Law in Florida

Other parent recently stopped paying monthly child support and over $21,000 is due in arrears.

Then I received payment from possible tax refund offset. It is more than the monthly amount due. How would those funds normally be applied by the court?

Asked on 7/19/13, 6:21 am

3 Answers from Attorneys

Gregory Buckley Gregory T. Buckley, Attorney at Law

If there is that large of a child support arrearage, then the amount taken from an income tax refund or other source would not be limited to the monthly amount.

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Answered on 7/19/13, 6:26 am

Brent Rose The Orsini & Rose Law Firm

The amount seized from the tax refund is used to reduce his arrearage first. So, for example, if he was $21,000 in arrears and you received $2,000 from his IRS tax refund, he is now $19,000 in arrears, and the ongoing amount he is supposed to be paying you will continue to be added to the arrears. Since he is getting a tax refund, he is obviously being paid, so you need to see a lawyer about garnishing his paycheck or seizing his assets.

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Answered on 7/19/13, 7:30 am
John Smitten Carey and Leisure

The monies will be applied to the arrears

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Answered on 7/19/13, 8:39 am

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