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What Should I do if My Child Support Payments are Going to the Wrong Person?

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Although not common, child support payments do get sent to the wrong person’s account. This can raise a host of difficulties for the parent who made the payment, as well as the recipient, so if you received notice that you are delinquent in paying child support, but you know that you made the payment on time, you should strongly consider contacting an experienced child support attorney who can help you locate the funds.

Receiving a Delinquency Notice  

If you receive a delinquency notice from the Department of Revenue, be sure to read through the document carefully before checking the claim against your own records. It’s also a good idea to make sure that your address is current because if the state has an incorrect address, your child support payments could be counted improperly. It’s also important to keep an eye on due dates, as you will receive a delinquency notice even if your payment is submitted and on the way. This is because the system automatically prints overdue notices as soon as a due date passes and does not account for delayed payments.

Collecting Evidence  

At this time, you can also request an official report from the county courthouse, which should have your payment history on file. A copy of the report can then be used to help substantiate your claim that you regularly make your payments. You should also start gathering other evidence, such as bank statements, pay stubs, and cancelled checks, which can be used as proof of regular payment in the event that you decide to file a claim.

Filing a Claim  

If you have contacted the county or the Department of Revenue and have made no headway, you have the right to file a Motion to Contest within 15 days of the mailing date on the notice you received. The Department of Revenue will then review your object and either make a correction to your payment records or call a hearing.

In most cases, these types of problems can be chalked up to clerical errors, which is especially common when accounts are initially being set up by the court. Even misreading a single bank account number can lead to a record of non-payment. Fortunately, these types of errors are relatively simple to correct if addressed immediately. For those whose child support payments are being withheld from their paycheck, it is important to check your income withholding order, as these individuals are often issued delinquency notices merely because the payment schedules do not align.

In either case, acting immediately upon receiving a delinquency notice is extremely important, as courts can take dramatic steps against those accused of failing to pay child support, including driver’s license suspension, fines, and even jail time.

Call Today to Get the Legal Representation You Deserve  

Please call 954-945-7591 to discuss your child support-related questions and concerns with experienced child support attorney Sandra Bonfiglio, P.A. Our experienced Fort Lauderdale legal team is eager to assist you today.

Resources:

fljud13.org/portals/0/forms/pdfs/family/motionToContestImpendingJudgment.pdf

leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&Search_String=&URL=0000-0099/0061/Sections/0061.13016.html

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