It’s possible because the Department of Revenue’s Child Support Enforcement division makes its own rules. Just before I had a hearing on the matter in Family Law Court, after failing to convince a child support hearing officer the state had no right to intervene on my family law case, I discovered my client’s alleged child support arrearage had, according to Child Support Enforcement, climbed to more than $64,000. Remarkably I heard other attorneys in the room mirroring my scenario and asking the same questions. I suspect I wasn’t altogether respectful as I repeatedly questioned her about situations such as my client’s and the department’s unilateral actions without a court order. This is, of course, a valuable service for parents with legitimate claims. She was incredibly proud of the more than $1 million seized by the state every year in support of Florida’s children. I attended a Continuing Legal Education luncheon a few months ago and listened to a woman from the Child Support Enforcement Department extolling the department’s power in seizing funds from unsuspecting parents for child support and child support arrearages. I know I’ve forgotten some things I have learned about the law over the years but I’m fairly certain that somewhere along the line want I’ve described can be chalked up to violation of my client’s due process rights. Without any kind of hearing, much less a court order, the state unilaterally sanctioned my client by suspending his driver’s license and seizing his money. When anyone attempts to get state assistance, such as food stamps, they are offered an affidavit and can pick a child support arrearage number out of thin air. I did find out through local sources, however, that all the mother had to do to start an action against my client with the Child Support Enforcement Department was sign an affidavit and claim the father owed her child support. They didn’t know the case and wouldn’t help me, so I contacted the Department of Revenue in Tallahassee and provided all manner of documentation and court orders –– and received no response. I began calling the state’s local attorney –– to no avail. Shortly thereafter, my client received notification that his income tax refund check had been seized to pay child support arrearages and then discovered his son’s Health Savings Account had been seized as well. When my client appeared at a hearing, the hearing officer agreed the child support was current and my client’s driver’s license was reinstated. Two years after his son moved in with him full-time, the father was notified by the Department of Revenue’s Child Support Enforcement department that his driver’s license had been suspended for failure to pay child support to his son’s mother.Ī couple of weeks later, he received a notice stating he owed approximately $30,000 in child support arrearages and kindly providing a way to start making monthly payments to a mother who had not had their son with her for at least two years. More than three years ago, we secured a court order granting him 100 percent timesharing with his young son due to the mother’s abuse and neglect. He coaches him in every sport, moved to a neighborhood with the best possible school, helps with homework nightly and makes sure his child wants for nothing. I have a pro bono client who is a remarkable dad and has devoted his life to his son. Regardless, nothing has really stopped me in my tracks in a very long time. I’ve heard everything from criminal intent to aggressive abuse to sexual prurience and beyond.Ĭertainly, I haven’t heard it all yet, but I’m pretty sure that within another five or 10 years I most assuredly will have. Of course, that isn’t really the case, but more often than not nothing surprises me and nothing seems really out of the realm of possibility. I often feel as though I could tell every client’s story for them after listening for five minutes in the initial consultation. Family law is one of those areas of practice with a lot of repetition.
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