child support

[Alison]

I'm gonna nut shell this to get to what I want to ask...hubby, in 2000, was making $800 and told to pay $405 a month in child support...in retaliation, we applied for state welfare, got it, and went into arrears (is that screwed up or what?). In 2004 we finally got the obligation down to a managable amount, took a loan and paid the $13,000 arrears (9/2004). Of course, ex is now wanting more money and made false allegations of us hiding money, cheating the system, blah, blah, blah, and child support falls all over themselves to help the poor woman (she has a higher income than we do, of course).

We filed sui juris (first time) and demanded production of documents (namely we want to see where CSSD came up with the numbers for the new obligation and the ex's supporting proof) from every one under the sun, state departments, schools, doctors, the ex, her hubby, the courts, etc. We also filed a modification of child support with judical notice (includes an affidavit of findings, though not so named).

NOW what? their 10 day time limit is up on the 1st...we have only gotten one letter, from the courts, saying we could pay 25 cents per copy and get what we want. What happens when they don't respond or respond similar to the court (we demanded there be no charge since paperwork would be used toward public knowledge of how the government agencies are working)? Do we file another demand or file contempt? I'm still pretty confused about some of this stuff (the when and what to name, just kills me) and would appreciate some help.

Hubby feels he can't take on the state statutes (though, we named them unconstitutional in our modification) but is wanting to take on the Bradley Amendment and get his obligation of 2000 corrected. I personally think they are both the same sized fight, but understand him wanting to section them off. If anyone has any ideas, or success in this, please let me know.

In our favor is the fact that the same judge has previously retroactively modified child support twice before (though, I'm sure he'll find some way to say it was "retroactive"). We had previously gone to court (pro se) and asked the 2000 obligation be corrected as it was causing a "manifest injustice"...it was ignored.

Thanks,
alison

[gatorguy3]

It's been a while since I read the Bradley Amendment, though I know it deals with arrears.

I was told recently during a consultation with an attorney that the first thing he would do after I paid the retainer would be to have my arrears totally erased. Yes, he said erased. So I am guessing there is something in the legislation which will allow arrears to be handled, depending on the situation.

I am in Florida and I am still reading statutes and such. Time is not friendly with respect to the law. I can tell you that for sure.