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Arrears after emancipation

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fedupinFL

Junior Member
What is the name of your state (only U.S. law)? Florida

How do the courts handle monies owed for arrears after the child turns 18 (and graduates) and the current support order expires?

Case is through the Florida Department of Revenue and arrears total over $30,000.00.

Current order does not include any extra payments towards arrears, only current support.

Any direction would be appreciated.What is the name of your state (only U.S. law)?
 


Gracie3787

Senior Member
What is the name of your state (only U.S. law)? Florida

How do the courts handle monies owed for arrears after the child turns 18 (and graduates) and the current support order expires?

Case is through the Florida Department of Revenue and arrears total over $30,000.00.

Current order does not include any extra payments towards arrears, only current support.

Any direction would be appreciated.What is the name of your state (only U.S. law)?

Is the DOR CSE garnishing ex's wages for CS?

If they are, Florida law allows them to continue garnishment at the same amount until all arrears are paid. Basically, the NCP will continue to pay the same amount after child turns 18, until the arrears are paid.
 

fedupinFL

Junior Member
Thanks for the reply Gracie!

Yes, the DOR CSE garnishes his pay, when they were able to locate an employer. He is currently incarcerated due to a non-payment contempt charge, but has an illness preventing him from being transferred to work release.
I wasn't sure what would happen after my son turned 18, so thanks for the info! I appreciate your time!
:)
 

wileybunch

Senior Member
fedupinFL, enforcement action will continue, but it will only be on arrears, not current support as there isn't any. If there are other children provided for under a current c/s order, their order will be satisfied first before monies are directed toward arrears in your case (assuming what's garnished from NCP isn't enough to satisfy all children if there are others).
 

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