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Hearing before a General Magistrate

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harley1102

Junior Member
What is the name of your state (only U.S. law)? Florida
A hearing before a general magistrate has been set for contempt for enforcement of child support and award of attorney's fees. All child support arrears are now paid in full. At the hearing, can I ask for a modification of the support order? Do I have to give a referral for the modification request to be heard?
 


Gracie3787

Senior Member
What is the name of your state (only U.S. law)? Florida
A hearing before a general magistrate has been set for contempt for enforcement of child support and award of attorney's fees. All child support arrears are now paid in full. At the hearing, can I ask for a modification of the support order? Do I have to give a referral for the modification request to be heard?
No, you cannot request a modification during a contempt hearing.

You have to file a petition for modification, it has to be properly served, with time for the other party to file an answer. Then you'll have to go to mediation before a hearing date can be set for the modification.

When is the contempt hearing scheduled?

If it is a couple of months away, you might be able to get the petition filed, served, and mediated before the contempt hearing date. IF you can do that in time, you could then file a motion requesting that both the motion for contempt and the modification petition be heard in the same hearing.

You can find the forms and other info at Florida State Courts

The Rules of Civil Procedure at FLORIDA RULES OF CIVIL PROCEDURE

The family law statutes in chapter 61 at Statutes & Constitution :View Statutes : flsenate.gov
 

harley1102

Junior Member
Child support hearing for enforcement

In my answer to the contempt motion for enforcement, can I ask for a modification of the child support. This action does not involve Dept of Revenue. The hearing is in six days. I am a pro se litigant and have not filed anything with the clerk of the court. What forms should I file to be heard for a modification at the hearing?
 

Ohiogal

Queen Bee
In my answer to the contempt motion for enforcement, can I ask for a modification of the child support. This action does not involve Dept of Revenue. The hearing is in six days. I am a pro se litigant and have not filed anything with the clerk of the court. What forms should I file to be heard for a modification at the hearing?
You do not have proper service time available. So hence unless the other side waives service, your motion should not be heard.
 

harley1102

Junior Member
Can anyone tell me what subject matter I can or cannot bring up at the hearing? Will the General Magistrate only hear info relevant to the filed motion or is it an open forum?
 

Ohiogal

Queen Bee
Can anyone tell me what subject matter I can or cannot bring up at the hearing? Will the General Magistrate only hear info relevant to the filed motion or is it an open forum?
The subject matter should be relevant to the FILED motion.
 

Gracie3787

Senior Member
Can anyone tell me what subject matter I can or cannot bring up at the hearing? Will the General Magistrate only hear info relevant to the filed motion or is it an open forum?
Contempt hearings are pretty cut and dried. When only the contempt motion is heard you will not be allowed to bring up any other issues. Actually, you will be doing nothing except answering the GM's questions and that's about it.

The GM will ask you why you have not paid the ordered CS, then you will answer with your reasons, and at that time you can submit evidence to support your reasons. Depending on what you tell the GM, he/she will then ask more questions, or make a finding on contempt, or not.
 

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