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Posted by KenC

In Reply to: Custodial wavier of past due support posted by Florida

Iīve never heard of such a thing but Iīm not a lawyer. The key legal document we non-custodial parents need to be concerned with is called "the Income Withholding Order". Itīs the order, signed by the judge, saying the state has the right to take such-and-such amount of money out of your paycheck every month. Itīs the key document with force of law used against you to confiscate your income tax refund, assets, 50% of your paycheck, ... anything, and itīs the document that really gets you in their computer data base. The other one is the "Order for Child Support", which is the original document saying "you are the father, you have a duty of support, blah blah blah". I have heard of cases where the mother never even filed for child support, and years or decades go by, but thereīs no income withholding order. If such is the case with you then legally, on paper, you donīt owe a dime right now and you havenīt done anything legally wrong! There never was an income withholding order issued! But later she could always come back and sue you for past child support. If youīre worried about that, Iīve heard of cases 10 or 15 years later where the judge comes up with some prorated amount you owe in lump sum. Sometimes itīs 100%, sometimes nothing, sometimes he gives you some slack and wipes out the first few years or makes you pay 50% of what the child support agency says you would have owed. Itī depends on the judge and how good of a lawyer you have.

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