Tavares, FL asked in Family Law and Child Support for Florida

Q: I've been overpaying by $100 for the past 5 years, but I also have been paying the child's mother directly, am I screwed

My husband has a custody agreement where he is supposed to pay $300 a month plus an extra $100 for back payment till the $1500 he owed was paid off. I adore him, but he just does whatever she says because he's scared of her. He didn't realize the $400 was supposed to be temporary and that it would change back to $300 after he was done. So he's paid her 4,600 extra within the past five years. I'm guessing there isn't anything that can be done about that.. but while he was re-reading the agreement, he also realized he was supposed to be paying this to an agency instead of her directly. I'm not sure how he missed that from day 1, but he's been paying her directly from his account straight into hers.. he has all the statements of his payments.. but $5 of that $400 should have been going to them, and he didn't even know they existed... Any advice on what we should do? Should we start paying the agency now? We need a lawyer again but I'm still unemployed, and we just can't afford it..

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1 Lawyer Answer
Bruce Alexander Minnick
Bruce Alexander Minnick
Answered
  • Tallahassee, FL
  • Licensed in Florida

A: You do not need a lawyer. Your husband needs to call the Department of Revenue and find out the balance they think he owes. Go from there: I he can prove the payments he will be good to go.

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