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Initial Brief on Appeal 2D12-4553

Initial Brief on Appeal 2D12-4553

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Published by robchaney
Florida DoR and circuit court ignore court order to collect current support and Mother files appeal. DoR claims there was no order for ongoing supoort for 9-year-old boy. DoR fights to keep Mother from collecting three and one-half years' worth of child support.
Florida DoR and circuit court ignore court order to collect current support and Mother files appeal. DoR claims there was no order for ongoing supoort for 9-year-old boy. DoR fights to keep Mother from collecting three and one-half years' worth of child support.

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Categories:Business/Law
Published by: robchaney on Nov 01, 2013
Copyright:Attribution Non-commercial

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11/01/2013

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I. STATEMENT OF THE CASE AND FACTS
The action below is a child support case
1
 filed in Sebring, Highlands County, Florida on 12 July 2001 involving one child and three court cases The !ppellant, "ellie J #otil $
Kellie
%, has two children, but has never been &arried 'ne child, Ca&eron ! !guero $
Cameron
%, (o)* 12 February 1+++ $!ge 1% has been, arbitrarily, denied three and one-half $./% years of court-ordered support by the State of Florida, (epart&ent of evenue, Child Support nforce&ent (ivision $
DoR 
% $
A:065
 l +-1/% The purpose of this appeal is to corrrect this wrongful denial of support that goes against valid court orders, the law, the facts and public policyCa&eron has one siblinga half-brother, )la3e Hoff&an $
Blake
%who was born on . (ece&ber 200 $age 4% )la3e5s child support
2
 pay&ents were never &essed up, and for the first seven $6% years, Ca&eron5s support pay&ents were not &essed upCa&eron5s father, Jac3  !guero, 77 $
Jak 
%, "ellie, and counsel for the (o, all appeared at a hearing on .1 January 2002 $
!ee
!*001 1st 8% before Judge J (avid 9angford who ordered Jac3 to pay a total of :;.21 per wee3 as follows*
"56.#$
 per wee3 for current $or ongoing% support< and :600 per wee3 to be applied toward =retroactive child support  in the su& of :,+6;+4> This ?Final 'rder on Support? $the ?
#00# Or%er
?% $
A:00$&00'
% was filed on 1/ February 2002 and it stated* =The Court retains full and co&plete @urisdiction of this cause of action and the parties> 1Ca&eron5s Case Au&ber* 24 2001 ( 000421 BB!B#B 01000421FC!BSBD2)la3e5s Case Au&ber* 24 200; ( 000;6; BB!B#B 0;000;6;FC!BSBD2(12-//.1!ppellant5s 7nitial )rie
FI(ED' Mar) #0$*
 
$
A:00' +,
% Jac35s due process rights have been duly honored in the case belowThree years later, on 2 June 200/, an =7nco&e (eduction 'rder> was issued to Jac35s e&ployers de&anding they ta3e the sa&e =
"56.#$
 per w3 for ongoing support> and increased $&odified% arrears pay&ents to =:1.6+ per w3 to be applied towards the eEisting arrearage or public assistance obligations> for a =Total ofD
",0.00 -er k 
> $the =
#005 Or%er
>% $
A:005 +$
% The 200/ 'rder also said* =the ongoing child support obligation  pay&ent &ust continue at the rate in effect  until all a&ounts owed are  paid in full or until &odified by the court> $
A:005 +*/
Three years later, in January 2004, "ellie dated a &an who physically abused her,  but not the boys 'ut of concern for "ellie and the boys, this abuse was reported to the Florida State authorities who, te&porarily, too3 )la3e and Ca&eron away fro& "ellie and placed the& with their &aternal aunt, 9aura Chaney $
An1 (ara
%, $
A:0$6
%
.
 for about four $% wee3s fro& &id-January to &id-February 2004!unt 9aura was pregnant with her first baby at the ti&e and she was having trouble handling her own affairs plus "ellie5s two boys, so the State placed the& with their &aternal grandparents, obert and "atherine Chaney, on or about 1 February 2004 Their grandparents too3 care of the& for four $% &onths until 14 June 2004 $
A:0$,
% when they were =reunited> with their #other, "ellieursuant to the boys being re&oved fro& "ellie5s ho&e, the (o as3ed for and .)oth boys5 Juvenile Case Au&ber* 04-0000.+-J-#! G This =#e&o of Court Hearing> is dated =02262004> al&ost two wee3s after the boys left 9aura5s ho&e2(12-//.2!ppellant5s 7nitial )rie
 
received ad&inistrative orders affecting not only the redirection of current support, but the (o, also, obtained orders to change and redirect the pay&ents on the accu&ulated arrears )ecause the :11,+1/62 in arrears had already accrued and was rightfully owed to "ellie, it appears that the (o went beyond its @urisdiction by as3ing the lower court to order any of the accu&ulated arrears to be paid to !unt 9auraThe edirect 'rder did not suspend and did not ter&inate the collection of the wee3ly
"56.#$
 ongoing support fro& Jac3 for Ca&eron, but it did give authority to the (o to redirect the pay&ents of Ca&eron5s support $current and arrears% fro& "ellie to his !unt 9aura However, !unt 9aura never received any :/;21 pay&ents for current support She did receive a few :12 chec3s $:;00wee3 for arrears E 2 I :12%!lthough )la3e was re&oved fro& "ellie along with Ca&eron, )la3e5s support  pay&ents were never changed or interrupted due to his re&oval fro& "ellie5s ho&e Ao court order was issued for the pay&ent of any support to !unt 9aura for )la3eThe (o attorneys ad&it that on ednesday, 14 June 2004, "ellie contacted the (o by telephone several ti&es $
A:$22
 a .rd 8% "ellie testified that she went to the (o5s Sebring office in June of 2004 $
A:$'$
 l 16-21% !lthough the (o did not say anything to "ellie at that ti&e, later on, the (o attorneys said "ellie failed to give the& an official paper--telling the& that she had gotten her children bac3until 2011 $!*1.4 l ;-16% The (o attorneys clai& that, as a result of "ellie5s =failure> to provide proper docu&entation to the (o, the (o did not ta3e any action to ter&inate the 2(12-//..!ppellant5s 7nitial )rie

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