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Miami man prevails in child support case; prosecutors chastised

His family law attorney called it "one of the most egregious cases I have ever witnessed."

The judge agreed, but shortened his assessment to one word. He called the actions of Miami-Dade prosecutors in a child support case "reprehensible."

Here's what happened. A man and his ex-spouse had a bitter divorce. Following the split, and as required by law, the non-custodial father routinely made his required child support payments.

Then, in December 210 and for reasons not readily understood, his ex filed an affidavit with the Florida State Attorney's office stating that her former spouse was in arrears.

The man timely filed documents with the court refuting that, but prosecutors officially certified him as delinquent. That in turn resulted in a computer notification to the U.S. State Department, which froze his passport. The man is the CEO of a company that requires his frequent travel to South America, and the consequences were devastating.

Despite continued attempts to right the wrong, including multiple court hearings, and in spite of written proofs of his timely support payments, prosecutors stood their ground.

That response certainly sparked the judge, who earlier this month ordered the prosecutors involved in the case and the man's former spouse to pay all the man's legal fees. In doing so, the court stated that the litigation was "pointless" and "irresponsible."

The matter might not be over. The man is contemplating filing a civil lawsuit for deprivation of a fundamental liberty, namely, his right of movement.

Source: The Miami Herald, "Miami judge calls child support prosecutor's actions 'reprehensible,'" David Ovalle, Feb. 7, 2013

  • Our firm handles child support cases of all types and complexities. For relevant information, please visit our Miami, Florida, Child Support page.

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