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Thread: Objection to Order of Referral to General Magistrate

  1. #1
    DDQueen is offline Junior Member
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    Objection to Order of Referral to General Magistrate

    What is the name of your state (only U.S. law)? Florida

    I filed a Motion for Contempt on January 10th. Ex has failed and refused to comply with the terms of MSA - not paying spousal support (made one payment in September, divorce final in August 2013, now 4 months behind), didn't pay any of $2000 lump sum due 11/30/2013, not paying loan he agreed to pay off (4 months behind).

    Order of Referral to General Magistrate filed 02/24/14.

    Ex filed objection to Order of Referral on 03/03/14.

    I called the Clerk's Office this morning when I saw his objection on the docket. I asked how he could file an objection to something that I hadn't received a copy of yet (I live in town where Court is, he lives in Iowa). The Clerk advised that the Order of Referral had been mailed but could not supply a date. When I asked how ex could file an objection to something that it would appear hadn't been received yet by either party, she said that he was probably following things online.

    It is not uncommon at all in Florida for a General Magistrate to hear Motions on Contempt in Family Law cases.

    Two questions:

    Does an objection like this have to be specific in anyway?

    Can I object to his objection?

    Thank you in advance for any help
  2. #2
    Ladyback1 is offline Senior Member
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    Quote Originally Posted by DDQueen View Post
    What is the name of your state (only U.S. law)? Florida

    I filed a Motion for Contempt on January 10th. Ex has failed and refused to comply with the terms of MSA - not paying spousal support (made one payment in September, divorce final in August 2013, now 4 months behind), didn't pay any of $2000 lump sum due 11/30/2013, not paying loan he agreed to pay off (4 months behind).

    Order of Referral to General Magistrate filed 02/24/14.

    Ex filed objection to Order of Referral on 03/03/14.

    I called the Clerk's Office this morning when I saw his objection on the docket. I asked how he could file an objection to something that I hadn't received a copy of yet (I live in town where Court is, he lives in Iowa). The Clerk advised that the Order of Referral had been mailed but could not supply a date. When I asked how ex could file an objection to something that it would appear hadn't been received yet by either party, she said that he was probably following things online.

    It is not uncommon at all in Florida for a General Magistrate to hear Motions on Contempt in Family Law cases.

    Two questions:

    Does an objection like this have to be specific in anyway?

    Can I object to his objection?

    Thank you in advance for any help
    Did you notify your Ex?

    I know that anytime I have submitted anything to the courts, I was required to send a copy to the other party.

    Granted, I'm not familiar with Florida law, but I thought it was just a given in most states that the other party had to be notified by the moving party (in this case YOU)
  3. #3
    DDQueen is offline Junior Member
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    He was sent a certified copy of the Motion for Contempt which he did sign for and receive. I didn't even know until yesterday that the Order of Referral was on the docket (dated 02/24 by the Clerk) and have not received a copy of it. At the same time, I noticed he had filed an objection to it.

    Not sure how I could have noticed him on the Referral because, until yesterday, it hadn't appeared on the docket nor had I received a copy of it.
  4. #4
    stealth2 is offline Senior Member
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    He had a copy - of course he could file an objection based on what he had received.
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  5. #5
    DDQueen is offline Junior Member
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    Thank you but that doesn't answer my question. I notified him of the MOTION. He's not objecting to the Motion, he's objecting to the Order of Referral to a General Magistrate to hear the Motion.

    As I said, in Florida this is not uncommon for a General Magistrate to hear these kinds of Motions and submit his or her findings to the Judge.

    I have not even received a copy of the Order of Referral nor a copy of my ex's objection. I am assuming I will receive both shortly and, if I do not, I will obtain copies from the Clerk in person.

    How he managed to receive a copy of either is unknown to me. He lives much further away, I live in the town where the Court is. So I don't think he's responding to an actual document he's received he's just filed an objection to be contrary which is, of course, his right.

    So back to my original question: Once I see what his objection is, can I file my own objection to his?
  6. #6
    Ladyback1 is offline Senior Member
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    Quote Originally Posted by stealth2 View Post
    He had a copy - of course he could file an objection based on what he had received.
    Thank you, that was the point I was trying to make.
  7. #7
    DDQueen is offline Junior Member
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    I do get the point, I believe, and thank you both.

    Still wondering if I can object to his objection? May sound silly to even ask or consider but the last thing I want before appearing in any court situation is to be viewed as a frivolous filer.

    Is it that I just need to wait this out, a Judge will eventually be appointed now due to his objection to a General Magistrate and let the chips fall where they may?

    Have I answered my own question? Seems like it. Wow.
  8. #8
    Proserpina is offline Senior Member
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    Excellent. Another happy customer.

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