How to reverse child support

How do I end a child support order?

There are three ways to change a child support order.

You can file court papers on your own, either
- a Complaint for Modification or
- a Joint Petition/Motion to Change a Judgment/Temporary Order
You do not need the Department of Revenue to file a complaint for you. You can ask the “Lawyer for the Day” at the courthouse to help you fill out the forms.
You can ask the Department of Revenue Child Support Enforcement (DOR/CSE) to file a Complaint for Modification for you.

DOR/CSE has an application form for you to use to apply for their help.

You can ask the DOR to file a complaint for you if you do not understand how to file a complaint or if you do not feel safe. If you want to keep your address secret, tell them this.

Remember that the DOR:
- can take a long time to process your paperwork;
- cannot file a complaint for you if your child is more than17 ½ years old; and
- is not your lawyer. The DOR may not handle your case the way you would like.
A lawyer can prepare and file your court papers.

A lawyer can prepare and file your court papers. A lawyer can also represent you in court. You might choose to get a lawyer if you think that the lawyer will do a better job than you in court. Since DOR is not your lawyer when they handle your case, you might decide to get your own lawyer for that reason.

How do I file a complaint on my own?

You can:

Use our our Do-It-Yourself online interactive forms assembly interview, if you are a parent.
Download the forms from the Probate and Family Court website, or
Pick up the forms you need at any Probate and Family Court.

Step-by-step directions

To ask the Probate and Family Court to modify a child support order:

Go into the court that made the child support order.
Fill out a Complaint for Modification form. You can also get the Complaint form at the court.

Check the box on the Complaint for Modification that says, “there is now a difference between the amount of the existing child support order and the amount that would result from application of the Child Support Guidelines issued by the Chief Justice for Administration and Management.”

Check the box that says: “the following change(s) in circumstance have occurred:” and write down the changes in your or the other parent’s financial situation since the last child support order.

Make copies for your records.
Take the form to the court Clerk. You will get a “Summons” from the Clerk. A Summons is an official court paper that tells the other parent you have filed a Complaint for Modification of the child support order.
Serve the Complaint and Summons. Take the papers to a deputy sheriff or constable. The sheriff or constable delivers the papers to the other parent. Wait for them to return the summons to you. After the deputy sheriff or constable serves the papers, he or she gives the original summons back to you. The sheriff or constable fills out the section of the summons called “Proof of Service.”
Make “return of service”. Take all the papers to the court clerk. This is called making “return of service.” Make a copy of the signed original summons for your records.
Schedule a court date for the hearing.
Fill out a Financial Statement form and send a copy to the other parent. Make sure your Financial Statement is on pink paper.
Send a blank Financial Statement form to the other parent. Include a letter that asks the other parent to fill out the statement and give you a copy. Fill out a Child Support Guidelines Worksheet .
Go to court on the scheduled date of your hearing. Bring all your paperwork with you.

Note

A Joint Petition does not have to be served. This means that you follow all the steps listed above for a complaint, but you do not have to get and serve a Summons (steps 3-5) before you schedule a court date.

How do I get the Department of Revenue to file a complaint for me?

If you want the DOR to file your Complaint for Modification, call 1-800-332-2733. You can also go to the Apply for DOR Child Support Enforcement services.

The DOR gives you forms and instructions. Fill out the forms and send them back to the DOR. The DOR looks at your financial information and the other parent’s financial information. The DOR puts the paperwork together and files your complaint.

Remember

If you feel unsafe or want your address to be a secret, you must tell the DOR/CSE.

Do I have to pay to file and serve the forms?

Sometimes.

If you file on your own, it costs $50 to file a Complaint for Modification.

If the Department of Revenue files the case, there is no filing fee.

Serving the complaint and summons costs $35.00-$45.00. The deputy sheriff or constable charges this fee.

But if your income is low, you can ask the state to pay the fees. You fill out a form called an Affidavit of Indigency. You include information about your income. What you write down must be true. Take the form to the court clerk. Ask the clerk to approve the Affidavit. If the Affidavit is approved, make sure you give a copy to the person who serves the papers on the other parent. Keep a copy of the Affidavit for your records.

Who can help me change a child support order?

Lawyers can help you

Some Probate and Family Courts have lawyers who can help you. If your income is low, the lawyers help you for free. These lawyers are called “Lawyers for the Day." If you want to find a Lawyer for the Day, call your county’s Probate and Family Court.

Note

If you talk to a "Lawyer for the Day," ask for help with the Affidavit of Indigency or the Supplement to the Affidavit of Indigency.

The DOR can help you

The Department of Revenue Child Support Enforcement Division (DOR/CSE) also can help you modify a child support order. Apply for DOR Child Support Enforcement services. You can get information by calling DOR/CSE's Customer Service line, 1-800-332-2733.

Florida Dept. of Revenue - Changing a Support Order

An order to pay child support can be changed (or modified) by the court or administrative agency that issued the order if the circumstances of either parent change after the order is issued. Until an order is changed, terminated or vacated, the amount ordered is owed and legally enforceable. To understand how the law applies in your situation, you should seek legal advice from a licensed attorney.

Do I Qualify for a Review of my Child Support Order?

How to Request a Change to a Support Order

Either parent with a child support case can ask the Child Support Program to review their support order to see if the order should be changed. Parents can also file a petition in circuit court to change their support order.

What Happens When You Ask the Child Support Program to Review Your Support Order

First, the parent making the request gives their financial and other information to the Child Support Program for review. Once this information is received, the Program contacts the other parent to obtain their information. The Program reviews the parents' information to determine if there is a substantial, permanent, and involuntary change, or it appears there are other legal grounds to change the order. When the Program completes the review, it mails the results to both parents.

If the Program Determines the Order Should Change

If the review shows the order should be changed, the Program may start a proceeding to change the order. The steps to change an order depend on whether the order is a court order, an administrative support order issued by the Program or if another state issued the order. To change a court order, the Program involves a Program attorney who handles the court action. To change an administrative support order, the Program starts by notifying the parents of the proceeding to change the order. Parents are entitled to a formal hearing before a court or administrative order is changed.

If the support order was issued by another state, that state may need to review and modify the order, if appropriate. If that is the case and you make the request to the Program, we will forward your request to the other state.

If the Program Determines the Order Should Not Change

If the Program determines the order should not change, we notify the parents of our decision and take no further action.

What is a Change in Circumstances?

The parent seeking to change (or modify) a support order has the burden to prove a change in circumstances. In most cases, before an order can be changed, a parent's change in circumstances must be substantial, permanent, and involuntary.

If it has been less than three years since the support order was issued, reviewed or changed, a substantial change means that the change in circumstances would cause a change in the order amount that is at least 15 percent but not less than $50. If it has been more than three years since the support order was issued, reviewed, or changed, a change in circumstances means the change would cause a change in the order amount of at least 10 percent but not less than $25.

A permanent change in circumstances depends on the specific facts of the case. In most cases, to prove a permanent change, one must show the change has lasted for six months or more. Temporary or short-term changes are not enough to prove a lasting, permanent change. For example, a loss of employment is not a permanent change if you expect to find new employment. In some cases, a parent may be able to prove a permanent change right away; for example, a severe, life-changing injury or illness or retirement at the normal retirement age.

An involuntary change, comes about through no fault of the parent, like an extended illness or employment layoff. A voluntary change is a result of the parent's own choices. A voluntary change does not meet the standard for a support order to be changed. Examples of voluntary changes include quitting a job, being terminated for reasons within the parent's control, taking a lower paying job, or engaging in criminal conduct that results in incarceration.

Note: A support order change (modification) involves applying the law to the specific facts of the case. The general principles here are only a partial statement of the law and are not legal advice. Only a licensed attorney is authorized to provide legal advice based on the specific circumstances of your case.

Other Resources

Either parent can file their own petition in circuit court to change (modify) a support order. You can hire a lawyer of your choosing or file your own petition and represent yourself. Other resources you may find helpful include:

Florida Courts Self-Help Page for Child Support
Find a Florida Courts Self-Help Center Near You
Florida Courts Self-Help Resources
Download the Florida Courts Help App | Google Play Store | Apple App Store
Florida Bar Legal Referral Service
Florida.FreeLegalAnswers.org

Is it possible to return the paid alimony?

Question: Is it possible to return paid alimony?

Answer: Alimony can be claimed back in established cases, for example, if the court decision on their recovery is canceled due to the submission of false documents by the recipient of the alimony. Sometimes it is possible to return alimony as unjust enrichment.

Grounds and procedure for the return of alimony

The return of paid alimony is allowed only in certain cases. nine0005

The grounds for claiming alimony back are (clause 2, article 116 of the RF IC):

cancellation of a court decision on the recovery of alimony in connection with the communication by the recipient of alimony of false information or in connection with the submission of false documents by him;
recognition of an agreement on the payment of alimony as invalid due to its conclusion under the influence of deceit, threats or violence on the part of the alimony recipient;
establishment by a court verdict of the fact of forgery of a court decision, agreement on the payment of alimony or a writ of execution on the basis of which alimony was paid. nine0024

At the same time, if these illegal actions are committed by a representative of a minor child or an adult incapacitated recipient of alimony, the alimony is not returned, and the paid alimony is subject to recovery from the guilty representative at the claim of the alimony payer (clause 3 of article 116 of the RF IC).

The procedure for the return of alimony depends on the grounds for its return. Consider the procedure if the court decision on the recovery of alimony is canceled due to the alimony recipient reporting false information or in connection with the submission of false documents by him. nine0005

In this case, the alimony is returned in the order of reversing the execution of the court decision. This means the following: if an already executed court decision is canceled and, after a new consideration of the case, another decision is made, in particular, on the refusal of the claim for the recovery of alimony in whole or in part, the defendant must be returned everything that was recovered from him in favor of the plaintiff under the canceled court decision (Art. 443 Code of Civil Procedure of the Russian Federation).

As a general rule, if the court of appellate, cassation or supervisory instance considering the case finally resolves the dispute by its act, it is obliged to resolve the issue of reversing the execution of the court decision or to transfer the case for resolution by the court of first instance (clause 1, article 444, clause 1, article 445 of the Code of Civil Procedure of the Russian Federation).

If the issue of reversing the decision is not resolved by the relevant court, the alimony payer has the right to file an application with the court of first instance.

The application is considered at the court session with the call of the persons participating in the case. Based on the results of the consideration, the court issues a ruling (clause 1 of article 224, clauses 2, 3 of article 444, clause 2 of article 445 of the Code of Civil Procedure of the Russian Federation).

For return as unjust enrichment, see Situations: Is it possible to return paid alimony? ("Electronic journal "Azbuka Law", 2019)

Is it possible to return alimony if the child turned out to be non-native? | Right | Society

22.11.2022 14:02

Tatyana Molchanova

Estimated reading time: 3 minutes

444

Category: Legislation

Is the obligation to pay child support related to kinship, is it possible to simply stop paying child support if there is information that the child is from another person, and whether the money already spent will be returned - aif.ru answers these questions. nine0005

Who is obliged to pay child support?

According to the provisions of the Constitution and the Family Code of the Russian Federation, parents are obliged to support their children - this obligation is not made dependent on any circumstances. In the event that one of the parents is removed from bearing the burden placed on him, he can be obliged to financially provide for the child through the court or by concluding a notarial agreement. Moreover, this is possible not only when the parents are divorced or live separately - judicial practice knows cases when a parent lives in the same apartment with a child and does not give a penny for his maintenance. nine0005

Can a father stop paying child support if he finds out that the child is not his?

If the obligation to pay alimony is imposed on the father by the court, it is impossible to stop paying alimony without permission under any circumstances, except for the death of the child or the alimony payer. To relieve yourself of the obligation to support a minor, you need to go to court with a claim to challenge paternity. Only on the basis of a positive court decision can the record of paternity be excluded from the birth information of the child and stop paying child support. nine0005

As explained by the Supreme Court in its ruling dated November 12, 2019 No. 44-KG19-17, all the time until the court decides that the father is not biological, the man is still considered the parent. If a man finds out that he is not the father of the child and stops paying child support before the court makes a decision, a debt will accumulate that will not go anywhere, even if the court recognizes that the father of the child is a different person.

In which case can the money paid for maintenance be returned?

The Family Code provides for three situations when a father can demand the return of all funds transferred to pay child support (clause 2, article 116 of the RF IC):

1) the child support order was set aside because the mother lied to the court or submitted false documents, such as a paternity test;

2) an agreement on the payment of alimony was declared invalid because one of the parents entered into it under duress (threats, violence) or was deceived;

3) the document on the payment of alimony (court decision, agreement, writ of execution) was forged, as established by the court verdict.