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Thanksgiving Football shopping pumpkin pie fall leaves turkey dinner Family pilgrims blessings cornucopia peace love thankful
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One empowered woman's struggle against the world
Wednesday February 20th 2019

Florida Dept. of Revenue

Mom says in text

Today I am going to do something that I have tried to avoid but I just can no longer. I am going to vent here about the illustrious Florida Department of Revenue. I have dealt with them for years in one way or another and they always manage to get me all riled up. You would think I would learn to just take it and let it go but {sigh} once again I tried to use reason and logic while dealing with them and it turned into annoyance and me wanting to say some rather unpleasant things to the customer service guy.

First off, I have never seen a government agency use the automated phone system as a way to avoid actually dealing with us taxpayers as this one has managed to do. The Florida Dept. of Revenue has local offices and a main office in Tallahassee. You can NOT phone the local offices. There are no phones listed anywhere for them. I even asked the Clerk of the Court and the said they don’t even have a number for them. The only way to speak to someone is to call the main toll free number and sit through a menu of options that almost all lead to an automated system that will hang up on you when it is done giving you information. On about the fourth try of listening to the menus I figured out which one would actually get me to a live person. However….I then sat on hold for an hour. No exaggeration. The recording told me the wait time was under 60 minutes and they were correct by about 3 minutes. I swear it was like Russian roulette with the phone system. I pressed an option and prayed I would not get some automated information and then disconnected.

The FL Dept. of Revenue has a messed up disbursement system in place to start with. They love screwing over father’s here in FL. The Dept. of Revenue decided they didn’t want overages when the child turned 18 (not a really pressing issue when it comes to child support, I mean come on really overages?!?!). Getting the parent that was overpaid (again I don’t believe this was a huge problem) to pay back the overage was difficult. Anyhow, the system is that the Dept. of Revenue will only send out what the monthly court ordered amount is regardless of how much was paid in to them by the parent required to pay child support.

My ex was court ordered to pay bi-weekly as that is what his job at the time paid. He got a new job that pays bi-monthly several years ago. The Dept. of Revenue said not to worry about changing the court order because it all comes out to the same amount of money at the end of the year. So we left it and it has been fine for years. Every month he pays bi-monthly which results in an overage of $73.62 more than the court order bi-weekly amount. But wait it is not truly an overage because we have two months out of the year that have 3 bi-weekly periods in them yet the ex is still paying bi-monthly even in those months. So the “overage” actually builds up and covers those 2 months so in fact at the end of the year he pays exactly what he is ordered to pay just not in the same monthly manner.

This was great confusion for the man on the phone so I will use a real example. The system in place does the following. He pays his bi-monthly amount of lets say $500.00. However the court order is bi-weekly so really only $461.53 is due every two weeks. So he pays $1000 a month but the court order only requires $923.06 each month with the exception of those two special months. In those two months he still only pays $1000.00 but is required to pay $1384.59. If you do the math both amounts come out to $12,000 a year. Each month the “overage” is paid out to me in the beginning but then taken out at the end, stupid I know. So month 1 he sends $1000.00 but they only send me $923.06. In month 2 they send me $76.94 (the difference between the $1000 he paid and the 923.06 he was required to pay) then they send me the entire $500 from the first bi-monthly payment he makes, then they send me $346.12 out of the second $500 bi-monthly payment. Remember they can’t send me more than $923.06 in any given month except for those two special months. In month 3 it happens again. They send what was left over from the second $500 bi-monthly payment which in this case is $153.88, then the first $500 payment and then what ever out of the second bi-monthly payment to reach the $923.06. By the time the first exception month rolls around the “overage” equates to the $1384.59 and they send the overage and both full bi-monthly payments, then the cycle starts again. Have a headache yet?

So why the frustration you ask… Well the grand, wonderful, caring and supportive FL Dept. of Revenue decided that the “overage” was just sitting there so they would take it. No notification, no warning, nothing at all. I just didn’t get my regular check. So I am in desperate need of new breaks and waiting patiently for this money when it doesn’t come. I call them and go through a million hoops to finally get Ashley (a man). He tells me that the Dept. of Revenue decided to take the money to pay outstanding court fees owed by my ex. Mind you we went to court 7 years ago so these fees would have had to have been outstanding for 7 years. I pitched a fit and Ashley told me that I received the full amount of child support due so get over it. However I know what will happen in those exception months coming up and that I will not get the full amount of child support because the overage that pays it was confiscated by them and well I need new brakes now. Ashley was of no help. He just kept repeating that the Dept. of Revenue needs to get paid for the job they did. Well the contract I signed with them required I pay $25 and they would collect any other fees from ex so why are they taking my son’s child support for fees my ex owes?

My issue is how can they take my son’s court ordered child support to pay my ex’s outstanding court fees? The court income deduction order states that the money is to be removed from his check for child support and paid to the State Disbursement Unit to disperse to pay the child support. No where does it say if the Dept. of Revenue wants to take that money and use it for something else they can. Bascially my ex owed a debt to the Dept. of Revenue and since he wasn’t paying it and they couldn’t get him to pay it, they decided to take it out of the child support he paid. Now this seems wrong and illegal. Come the first exception month which is June he will be short and then the Dept. of Revenue will go after him for failure to pay child support. He didn’t fail to pay child support, he made every payment and on time until the Dept. of Revenue arbitrairly decided to step in and take the money specifically sent to meet the requirements of the court ordered child support and income deduction order and use it for this outstanding court fees debt my ex owes. Next thing you know they will be intercepting child support payments and paying off other debts.

I am sorry but if the Dept. of Revenue couldn’t get my ex to pay his the outstanding court fees that is their problem. Refer it to a debt collector, put it on his credit report or whatever other means are available to a company owed a debt. Do not come in and arbitrarily and without notification take money that was specifically withheld from his income under an income deduction that is in place to ensure proper and timely payments of his child support obligation. They have now put him in arrears or he will come June be in arrears and will face losing his license, jail time, additional fees and other penalties. He will now have to pay the money owed in order to avoid the consequence of not paying child support. Which is rather shitty being that he has paid his child support and the Dept. of Revenue should not have been allowed to touch the child support to satisfy the debt that was owed to them. It isn’t my ex’s money or my money. Once the money is removed from his check it stops being his money for them to take. It becomes my son’s child support and my son is not responsible for paying his father’s debts.

I need to say that my ex is good about paying child support. We actually don’t believe this 7 years old debt is legitimate to start with. We went to court 7 years ago and they are just now getting around to charging him for the court fees? Something seems amiss about the entire situation. Oh and I can’t call because the main Tallahassee office didn’t take the money, the local office did and they apparently don’t have phones.

There is no way to win here. The Dept. of Revenue took the money and they will not give it back under any circumstance. They say their policy allows them to take it, I say the law does not allow them to take it. I did my research of the Fl statutes and nowhere does it give them the right to recoup court cost from child support payments.

My ex did what he was suppose to do and paid his child support. Now the Dept. of Revenue tells me that he owes court cost that he is unaware of and I believe him. They did all of this without any notification or warning whatsoever. I believe it is illegal and unethical but it is the government and what do they care. Like Ashley kept repeating, the Dept of Revenue needs to get paid. Well so does my son and he doesn’t owe any money to the Dept. of Revenue.

Mom spelled outlittle wine glass

Reader Feedback

17 Responses to “Florida Dept. of Revenue”

  1. Ann Davis says:
    How can any one take child support payments and apply them to anything else? I would be just as outraged what they did has to be illegal. Unfortunately they know it would cost you a ton more to hire and lawyer and fight them over it so they get away with it.

    The Florida Department of Revenue should be ashamed of using this tactic to get paid. Even if your ex owed them thousands of dollars in court fees they shouldn’t be allowed to use his child support payments to satisfy the debt. Sounds like they couldn’t get him to pay through normal means so they took his childsupprt instead.

    A government agency overstepping their bounds plain and simple. I mean come on what is more important – a parent getting the child support they need or the government agency getting their fees? We know where they stand. Shameful just shameful.

  2. John Herman says:
    Typical Florida government antics – don’t know why you are surprised.
  3. g. tull says:
    I should be shocked by I am not. Florida screws over father’s every chance they get. What they did can’t be legal and someone should sue them. Being a mom this is probably new to you but as a father in the system I can tell you this is routine business for them.
  4. Karl Madueno says:
    Not only can you not reach a real person to talk to but when you do they have no clue what they are doing. My ex wife couldn’t get the support payments for over 6 months because these morons insisted our son had turned 18 when he was only 16. I got letters telling me my obligation was done and to stop sending payments but my support is paid through income deduction and my job kept sending the payments because my son wasn’t 18 yet. It took over 6 months to finally get some bean counter to open a file and see they had the wrong birthdate for my son. In the meantime, they just held the payments and wouldn’t release them to my ex wife regardless of what we kept telling them. I had to deal with those morons and an ex wife who kept getting more pissed off with each passing month.
  5. bielizna says:
    Thank you for taking the time to discuss this. I came across this and for once felt like I wasn’t alone. I have had problems with my child support ever since they set up the depository instead of doing it county by county. My checks are late or missing and they always blame my ex. He shows me canceled checks where they got the money while they tell me he hasn’t paid at all. I thinnk they run a scam and hold payments to draw interest and make money for themselves.
  6. Paul Watson says:
    Sorry about what happened to you but you got off easy. My ex and I agreed to suspend payments due to financial troubles. We had an agreement and the courts agreed so for a year I didn’t make any payments through the courts. Our agreement was simply I would help her with whatever money I had when I had it till I got back on my feet and I would pay her directly. The judge said it was fine but the dept. of revenue didn’t agree and came after me for non-payment. I had my license suspended and was almost thrown in jail. My ex and I had to go to court and the judge was shocked during the hearing when the dept of revenue attorney admitted they saw the agreement and the judge’s ok but found it unacceptable and wanted me ordered to pay the back child support or go to jail. The judge went ballistic all over that attorney and made them reinstate my license and pay the court cost. Took over six months to get it all straight.
  7. Kent Erway says:
    Nice post…But URGENT NOTE In Seminole County, FL? Don’t like the autocratic school board? IMPORTANT to VOTE for Paul Ackerman- http://cli.gs/Bn1rv and Becky Erwin – http://cli.gs/XpP4G .. IN THE PRIMARY!
  8. Alexander Gage says:
    I just have two things to say about what they did:

    1) unethical

    2) illegal

  9. Megan says:
    You couldn’t be more right? This place is horrible. You can never get a person on the phone, the automated system hangs up on you. I can’t begin to tell you how many letters I have wrote them, their attorney’s and the Florida Government. My husband pays support through them and we live in another state. Almost every month they screw up. He gets an abatment while he has his child but they can’t figure that out. So we he actually is behind they claim he is, they have applied money to her welfare that he was told he has to pay on top of his child support. Suspend his license over money he doesn’t owe.
    • mom says:
      I feel your pain. It has always amazed me that a government agency that is responsible for something as important as child support can’t be reached. Sorry I should say can be reached but it takes an act of God.

      They ignore court orders and do what they want. My ex-husband (father of my oldest) took temporary custody for a year. We had an agreement drawn up and had child support stopped for the year. The judge and clerk of court found it all in order and acceptable. The dept. of revenue didn’t and went after him for outstanding child support. Took over a year and a suspended licenses to get it all fixed. The worst part was nothing happened to the Dept. of Revenue other than their lawyer being scolded by the judge.

      It is unfortunate but he will end up back in court before it is settled. He will have to contact the clerk of the court and get a record of the payments he owes and has paid to prove he is innocent. My ex-husband got a print out from the court mailed to him and then mailed it to the Dept. of Revenue as proof and they still wouldn’t remove the suspension from his license. It took a court hearing 🙁

  10. FreeBird says:
    Ummm – you support oppressive, tyrannical gov’t abuses – don’t whine when it hits you in the wallet.

    Anybody who doesn’t know what I am talking about, read “Shut up and get in the scanner”.

    Sauce for the goose, darlin’. Buck up.

    • mom says:
      In this case I contracted with a government agency who is bound differently than a private business in regards to my rights.

      In the case of airport security (Shut up and get in the scanner), you contract with a private business. A private business that is allowed to impose restrictions on the use of their service, even restrictions that would be a violation of your rights if done by a government entity. A private business is not bound by your constitutional rights.

  11. Dad says:
    My ex contacted the DOR for help, since even though she was getting a check every month for as much as I could pay she wanted more! They sent me a blizzard of letters, one after the other, with threats and intimidation and demands for me to show up at their office and make a written agreement. I called them and went through their ridiculous phone system. Then I stopped them cold in their tracks! I asked the agent for the name and address of their attorney so I could file a motion against them. She started stuttering! After a brief hold she came back and said her supervisor instructed her that they are not allowed to release that information but that I should have my attorney write a letter requesting that information. Of course their fax number did not work so I sent that letter certified to every single address (each letter came from a different address)interestingly the same person signed for all of them. After I had the return receipts and knew that they had recieved the letters. I called again and told the agent to enter into their system that I am represented by counsel and all communication is to go through my attorney. Haven’t heard from them since going on 3 months now.
  12. chantel says:
    I am going through this now!!! My ex has been horrible paying, and went all of last year, 2010, without paying. He made a $280 payment this may, and since i closed my DOR case , the DOR is holding it!! I called tallahassee and the clerk of court in my county (who the case is now through) and they say the DOR has it frozen and will send it back to the non custodial parent instead of through the state disbursment unit! What can we do to change this? It’s ridiculous, I’ve never, EVER seen a compliment on the DOR, only complaints such as these!!!!
  13. missingmiami says:
    Wow. So instead of helping your son, the DOR, in effect, took food out of his mouth….Was hoping that mine was an isolated incident. In the process of a lawsuit with the DOR now for “retroactive child support.” Like some of the fathers on this post, I am struggling in the current economy. However, was proud of the fact that despite it all, I was contributing to my kid, AND was spending lots of time…Imagine my surprise when the DOR came after me because I wasn’t paying ENOUGH. No phone call, no letter, nothing; just got served on my job one day. Trying to fight the suit as frivilous, but it’s one person agains the resources of the state, but this can’t be fair. Definitely not in the “best interests” that the organiztion (DOR) claims to “serve.” The name says it all, “Dept of REVENUE.”
  14. Dad says:
    Follow up to post of 4/14. I BEAT THEM IN COURT!!!
    Since their usual tactics didn’t work on me – Self employed with no assets. They couldn’t take money from my pay, they couldn’t take my house or car (that’s even funnier)all they had left was to take me to court for contempt. Now they had to pay $$ and actually work to get something from me.

    Long story short – here we are in court and the DOR attorney (whom I’ve sinced learned gets $50/case so don’t expect them to do to much prep work on any one case)asks me if I am married (I live with my girlfriend and the house is in her name)my answer “NO”, end of that line of questioning (trying to establish that I am responsible for a second family in deference to the first)

    Then she asks what happened to my car? “Well since it was going to cost more than it was worth to fix, I sold it” (while I would’ve liked to repair it and have no payments anything I would’ve put into it would have been seized by them anyway). I drive a brand new car that my girlfriend purchased. Why yes she does have two new cars but there is no law against that and she doesn’t owe anything to anybody.

    I continue to testify that I am earning around $20K a year (more than minimum wage so they won’t tell me to get a job somewhere else and can’t impute income) and sending as much as possible to my ex every month, after paying $1000 a month in rent and expenses to my girlfriend.

    Finally she asks the question I have been waiting for since receiving their first letter. “Did you bring any documentation here today to support your claim” this is the key point of the case.

    The DOR commanded me to come to their office, on their terms and sit there all day so I could beg someone named Shanequa to help me, all with the goal of getting me to sign some F*&ked up agreement with which they could hang me out to dry later.

    I answered them with a letter(s)(one copy to each address they sent me mail from, certified) from my attorney telling them that we were not available at their convenience but would be happy to meet with their attorney (costing them $)at a mutually convenient time by appointment. They chose to ignore this letter.

    Now I get to answer her question – “Well counselor, when you contacted me to resolve this matter I answered you by phone, fax and in writing certified receipt to every address you mailed me from offering to sit down with you and my attorney so that we could correct your records and not waste the courts time but you chose to ignore that communication and instead answered with a motion to suspend my drivers license. Now you are asking for documentation? Why didn’t you answer my letter? (submitted as evidence along with the return receipts). She sat their stunned, like I just wacked her in the head with a bat. You see she never saw those letters because they are a machine and anything that doesn’t go according to their script is ignored but it doesn’t work that way in court. There they have to put up the appearance of being fair and playing by the rules. She had no way to excuse her malfeasance in ignoring my request to meet with them since I have the right to have my attorney present and deal with their attorney not some ahole clerk.

    The judge ordered me to pay $500 within 30 days or get my license suspended. Which I did of course so instead of getting the usual $400 I was sending everymonth my ex ended up getting $700 for the two month period and the DOR “won” their case. HAHAHAHAHAHAHAHAHAHAHAHAHAHAHAHAAH

    In a couple of years once my children are 18 I will marry my girlfriend and once again own both my home and vehicles F#CK THE DOR

  15. john wojtan says:
    i was owed 4,000 in back child support. i’m dad have custudy of both kids. i receive 400 a month. she paid 1,200 a week before DOR intercepted 2,800 from IRS i received the 1,200 but they put that the 2,800 went to others what the hell is going on legal stealing

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