Child Support Modification - Past Due Support Defense

Parental Alienation, Malicious Mother Syndrome, dealing with the ex, and various other non-legal concerns throughout the process.

Child Support Modification - Past Due Support Defense

Unread postby americandadof5 » Fri Feb 17, 2017 9:04 pm

this thread is to keep my thread on time sharing less convoluted

So on my lawyers advice, i filed a modification of support today to reserve my rights in time. Since i dont have a hard in stone time sharing plan,

I could alleged a change is allowed since the order was entered over 5 years ago and never reviewed.

I also plead that there was a change of circumstance that should allow modification based on the fact that day care expenses which were tacked on, ceased 5 years ago and that a credit for child insurance premiums should be granted since it reduces the income by more than $50 and over 15%.

My lawyer agrees with the vets here that laches and estoppel is mostly a waste of breath. She prefers to take the approach of asking for credit for the previous two years and maybe more if i can prove solid expenses paid on S10 behalf before that.

So my task now is to try find proof that i supported S10 directly. If I go digging for old receipts, which ones should i focus on obtaining?
Last edited by americandadof5 on Sun Mar 05, 2017 4:30 pm, edited 1 time in total.
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Re: Child Support Modification - Arrearage Defense

Unread postby BartSimpson » Fri Feb 17, 2017 9:23 pm

Have you investigated the Case Law using Google Scholar?

Your situation is not the first case and prior case law will prevail in Court. Next meeting with your attorney shouldn't be about the receipts, but a frank discussion of what case law you have found and what case law she intends to cite.
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Re: Child Support Modification - Arrearage Defense

Unread postby americandadof5 » Fri Feb 17, 2017 9:50 pm

See thats just it, case law is mixed in FL on this. FL shows a huge dislike for retroactively reducing arrears but on the other hand will grant it under special circumstances.

State of Florida, Department of Revenue of Behalf of Pulliam v. Watt, 681 So. 2d 800 (Fla. 2nd DCA 1996) the court indicated that special circumstances existed where the child lived with the payor father for a period of twenty-one months. The trial court’s order crediting the father for those twenty-one months was upheld.


The consensus is that the obligor parent bares the burden of returning to court to modify things rather than unilateral decisions to not pay.

Puglia v. Puglia, 600 So. 2d 484, 485 (Fla. 3rd DCA 1992), the non-custodial father “sought credits for weeks the child resided with him. Although the father could have sought modification of the child support order in advance, he did not do so. Having failed to do so, it is too late to seek this remedy retroactively.”


Most cases claiming the defense involved children that had reached the age of majority by the time the obligee parent calls for arrears and most (but not all) dont pan out because all the elements either arent plead or proven. So to me, unless im pleading estoppel or laches, i wont get a reduction in arrears unless my time sharing case goes in my favor since i can ask for support to be back dated 2 years prior to the filing of my petition. There are more cases that support its use but the courts are very strict on applying it, with good reason.
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Re: Child Support Modification - Arrearage Defense

Unread postby Havalu7 » Sun Feb 19, 2017 12:02 pm

"So to me, unless im pleading estoppel or laches,"

OP for us boots here and others not willing to do a goggle or duckduckgo search is this case law or typos?
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Re: Child Support Modification - Arrearage Defense

Unread postby Fatheroffour » Sun Feb 19, 2017 12:33 pm

They're legal principles.
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Re: Child Support Modification - Arrearage Defense

Unread postby americandadof5 » Sun Feb 19, 2017 2:00 pm

Havalu7 wrote:"So to me, unless im pleading estoppel or laches,"

OP for us boots here and others not willing to do a goggle or duckduckgo search is this case law or typos?


Equitable Estoppel and Laches are legal principles of equity. In part, when speaking of child support arrears the question is "Is it fair or right to make a parent pay arrears based on the circumstances of X,Y and Z?" Its not a get out of jail free card.

You have to plead and prove every element if you want a true shot at having it applied to your circumstances and they must be exceptional circumstances.

Equitable Estoppel : (1) a representation as to a material fact that is contrary to a later-asserted position;  (2) reliance on that representation;  and (3) a change in position detrimental to the party claiming estoppel, caused by the representation and reliance thereon.

Laches: (1) conduct on the part of the defendant giving rise to the situation of which the complaint is made; (2) failure of the plaintiff to assert his or her rights by suit, even though the plaintiff has had knowledge of the defendant's conduct and has been afforded the opportunity to institute suit; (3) lack of knowledge on the defendant's part that the plaintiff would assert the right on which he or she bases the suit; and (4) injury or prejudice to the defendant in the event relief is accorded to the plaintiff or the suit is held not to be barred.
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Re: Child Support Modification - Arrearage Defense

Unread postby Havalu7 » Mon Feb 20, 2017 4:11 pm

Thanks for the clarification gents.
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Re: Child Support Modification - Arrearage Defense

Unread postby americandadof5 » Thu Feb 23, 2017 4:55 pm

So today i went down to my local child support office and spoke with the nice people behind the 3/4 inch thick glass. I went there to obtain any paperwork i could related to when the mom ended the enforcement of the order. I walked away with nothing tangible but i did learn that the reason she listed for terminating the services was "the child no longer lives with parent"

Does anyone know if its possible to subpoena that record? The filing by mom and the reason listed? This helps reinforce my position in so many ways that its not even funny.
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Re: Child Support Modification - Arrearage Defense

Unread postby BartSimpson » Thu Feb 23, 2017 5:02 pm

Subpoena Duces Tecum?
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Re: Child Support Modification - Arrearage Defense

Unread postby americandadof5 » Fri Feb 24, 2017 8:18 pm

BartSimpson wrote:Subpoena Duces Tecum?


How seriously is a Govt Agency like CSE gonna take that request?

Should I wait until the court orders arrears via contempt or UIFSA enforcement of old order, or should i preemptively strike, by asking the court by motion to calculate and discharge the arrears?
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