IN THE CIRCUIT COURT OF THE _____ JUDICIAL CIRCUIT,
IN AND FOR _____ COUNTY, FLORIDA
Case No.: ____________
Division: ____________
________________________,
Petitioner/Counter-Respondent,
and
________________________,
Respondent/Counter-Petitioner.
_________________________________/
SUPPLEMENTAL PETITION FOR TERMINATION OF CHILD SUPPORT
DUE TO EMANCIPATION, AND FOR ESTABLISHMENT OF PAYMENT PLAN ON ARREARS
Petitioner, ____________________ (the "Obligor"), respectfully petitions this Court for termination of the ongoing child support obligation and for entry of a payment plan on accrued arrears, and in support states:
1. PARTIES AND JURISDICTION.
a. This is an action for modification/termination of a final judgment of support entered by this Court on or about ____________, 20__ (the "2017 Order"). A copy of the 2017 Order is attached as Exhibit A.
b. This Court has continuing jurisdiction over the subject matter and the parties under section 61.13(2), Florida Statutes, and Florida Family Law Rule of Procedure 12.920.
c. The child support order is currently registered for enforcement with the Massachusetts Department of Revenue Child Support Enforcement Division ("MA DOR"), which acts solely as the responding state under the Uniform Interstate Family Support Act ("UIFSA"), codified at chapter 88, Florida Statutes. Under UIFSA § 604(a), the law of the issuing state — Florida — governs the nature, extent, amount, and duration of the support obligation, including the date of emancipation.
2. THE CHILDREN.
The parties are the parents of the following children, both of whom have now attained the age of eighteen (18):
Child's Full Name Date of Birth Age Now
____________________ ____________ 18 or older
____________________ ____________ 18 or older
3. FACTS.
a. The 2017 Order established a monthly child support obligation of Four Hundred Dollars ($400.00) per month for two (2) minor children.
b. The 2017 Order contained a step-down provision: upon the emancipation of the first child, the obligation was to reduce to Three Hundred Dollars ($300.00) per month for the remaining child.
c. The older child attained the age of eighteen (18) on or about ____________, 20__. The step-down to $300/month was never implemented by the enforcing agency, and the Obligor has continued to be charged $400.00 per month.
d. The younger child attained the age of eighteen (18) on or about ____________, 20__.
e. Both children are now eighteen (18) years of age or older. Neither child is still enrolled in high school with a reasonable expectation of graduation before age nineteen (19). Both children are emancipated as a matter of Florida law under section 61.13(1)(a)1.a., Florida Statutes.
f. As of ____________, 20__, the Obligor owes accrued arrears in the amount of approximately Six Thousand Dollars ($6,000.00).
4. THE LEGAL BASIS FOR TERMINATION.
a. Section 61.13(1)(a)1.a., Florida Statutes, provides that a child support order shall terminate on a child's eighteenth (18th) birthday unless the court finds that the child is still in high school, performing in good faith, with a reasonable expectation of graduation before age nineteen (19), or the parties have otherwise agreed. Neither exception applies here.
b. The 2017 Order itself contemplates termination or reduction as each child reaches majority. The younger child's eighteenth birthday terminates the remaining current support obligation under both the Order and Florida law.
c. Because the issuing state is Florida, the duration of the support obligation is governed by Florida law. UIFSA § 604(a); Fla. Stat. § 88.6041. The responding state (Massachusetts) has no authority to extend the obligation beyond Florida's age of emancipation.
5. RELIEF REQUESTED.
WHEREFORE, the Obligor respectfully requests that this Court enter an order:
A. TERMINATING the obligation to pay current child support, effective as of ____________, 20__ (the younger child's eighteenth birthday);
B. ADJUDICATING the total arrears owed through the termination date in the amount of $________;
C. ESTABLISHING a payment plan on the adjudicated arrears in the amount of One Hundred Dollars ($100.00) per month, payable to the State Disbursement Unit, beginning ____________, 20__, and continuing until the arrears are paid in full;
D. Terminating or modifying any Income Deduction Order previously entered in this cause to reflect the termination of current support and to establish withholding only for the arrears payment of $100.00 per month;
E. Directing the Florida Department of Revenue (if it has a case open) and the Massachusetts Department of Revenue to update their records to reflect the termination of current support and the arrears-only payment plan; and
F. For such other and further relief as this Court deems just and proper.
I certify that a copy of this document was [e-filed / mailed] on ____________, 20__, to the other party listed below and to the Massachusetts Department of Revenue Child Support Enforcement Division, P.O. Box 55140, Boston, MA 02205-5140.
Respectfully submitted,
________________________________
[Your full legal name], pro se
Address: ________________________
City, State, Zip: ________________
Telephone: ______________________
Email: __________________________
STATE OF FLORIDA
COUNTY OF __________
Sworn to (or affirmed) and subscribed before me this ____ day of ____________, 20__, by ____________________, who is personally known to me or who produced ____________________ as identification.
________________________________
NOTARY PUBLIC or DEPUTY CLERK
(Print, type, or stamp commissioned name of notary or clerk)
CERTIFICATE OF SERVICE
I certify that a copy of the foregoing was furnished by [ ] U.S. Mail [ ] Hand delivery [ ] E-filing portal email to:
Other party: ____________________
____________________
____________________
and to:
MA Dept. of Revenue
Child Support Enforcement Division
P.O. Box 55140
Boston, MA 02205-5140
on this ____ day of ____________, 20__.
________________________________
Signature
EXHIBIT LIST:
Exhibit A — Final Judgment / Child Support Order dated ____________, 20__
Exhibit B — Children's birth certificates (or other proof of dates of birth)
Exhibit C — Arrears statement / payment history from FL Dept. of Revenue or MA DOR