• FreeAdvice has a new Terms of Service and Privacy Policy, effective May 25, 2018.
    By continuing to use this site, you are consenting to our Terms of Service and use of cookies.

signing order before a hearing

Accident - Bankruptcy - Criminal Law / DUI - Business - Consumer - Employment - Family - Immigration - Real Estate - Tax - Traffic - Wills   Please click a topic or scroll down for more.

clsg

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

I filed a motion to contest child support arrears because my ex lied to DCF (Dept children and families) about when our child went back to live with her. (our child lived with me for a year and I got the child support payments to her stopped for obvious reason). Because of her lie I was getting charged with arrears that should hav never happened. so under the advice of dept of revenue, I filed the motion to contest arrears. The hearing was originally set for this month (I filed the motion in March) however the date was changed to the beginning of next month. My girlfriend..who is a witness for me as she lives with me and can verify when my child went back with their mother.. was on the clerks of court website yesterday looking up the date of the new hearing so she would make sure her day was clear that day, discovered that an order was signed by the Judge denying my motion. The original hearing was set for sept 12th and the Judge signed the order on the 20th.

Can the judge do that esp since the hearing was moved? Apparently the dept of revenue had the date changed for the hearing to October. Both myself and my ex got the letter with the new date on it and I doubled checked the paperwork and it said it was for the hearing for my motion. Do i need to contact the courts or the dept of revenue about this?

And for the record I am not against paying child support for my child but not when my child was living with me. She was still getting child support payments from me for the first 6 months my kid was with me and never offered it to me to help with our child!

thanks everyone!
 
Last edited:


LdiJ

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

I filed a motion to contest child support arrears because my ex lied to DCF (Dept children and families) about when our child went back to live with her. (our child lived with me for a year and I got the child support payments to her stopped for obvious reason). Because of her lie I was getting charged with arrears that should hav never happened. so under the advice of dept of revenue, I filed the motion to contest arrears. The hearing was originally set for this month (I filed the motion in March) however the date was changed to the beginning of next month. My girlfriend..who is a witness for me as she lives with me and can verify when my child went back with their mother.. was on the clerks of court website yesterday looking up the date of the new hearing so she would make sure her day was clear that day, discovered that an order was signed by the Judge denying my motion. The original hearing was set for sept 12th and the Judge signed the order on the 20th.

Can the judge do that esp since the hearing was moved? Apparently the dept of revenue had the date changed for the hearing to October. Both myself and my ex got the letter with the new date on it and I doubled checked the paperwork and it said it was for the hearing for my motion. Do i need to contact the courts or the dept of revenue about this?

And for the record I am not against paying child support for my child but not when my child was living with me. She was still getting child support payments from me for the first 6 months my kid was with me and never offered it to me to help with our child!

thanks everyone!
When you got the child support stopped, did you actually go to court and get a court order for it to be stopped?

A judge does have the authority to make a ruling on a case without holding a hearing, if the judge feels that he/she has the necessary information to make a ruling. It sounds like that is what happened. You would need to appeal the ruling.
 

clsg

Junior Member
When you got the child support stopped, did you actually go to court and get a court order for it to be stopped?

A judge does have the authority to make a ruling on a case without holding a hearing, if the judge feels that he/she has the necessary information to make a ruling. It sounds like that is what happened. You would need to appeal the ruling.
I filed to get the support stopped in June 2009 the hearing was in Nov of 2009 (yes it took that long!) and the payments were stopped being taken out of my unemployment of Feb of 2010 (again yes that long!). My daugher went back in mid June of 2010 but still spent weeks at a time with me.

There was a signed witness letter from my girlfriend attached to my petition. i have another witness but they didnt want to get involved (which is ther right) and my kids school know that she was with me until June. The Dept of revenue said if the judge was to find in my favor that my ex would be guilty of fraud for lying to DCF.

If there are witnesses and signed/notarized affadavits and the DOR asked the date to be moved the judge can still sign?????
thanks
 

LdiJ

Senior Member
I filed to get the support stopped in June 2009 the hearing was in Nov of 2009 (yes it took that long!) and the payments were stopped being taken out of my unemployment of Feb of 2010 (again yes that long!). My daugher went back in mid June of 2010 but still spent weeks at a time with me.

There was a signed witness letter from my girlfriend attached to my petition. i have another witness but they didnt want to get involved (which is ther right) and my kids school know that she was with me until June. The Dept of revenue said if the judge was to find in my favor that my ex would be guilty of fraud for lying to DCF.

If there are witnesses and signed/notarized affadavits and the DOR asked the date to be moved the judge can still sign?????
thanks
Yes, the judge has the authority to do that, so you would have to appeal. You could try a motion for reconsideration, but those are pretty routinely denied.

When does mom say that the child went back to her? You say June, but what did mom say?
 

clsg

Junior Member
Yes, the judge has the authority to do that, so you would have to appeal. You could try a motion for reconsideration, but those are pretty routinely denied.

When does mom say that the child went back to her? You say June, but what did mom say?
Feb of 2010 when the support stopped. She has basically no work history and relies on our kids child support payments and welfare to live and if shes not there she gets nothing. pretty sad that child has to support the parent and not other way around.
When I went to court she was not there but DCF was livid to find out that our kid was with us because she was still claiming our kid to get food stamps, etc, when not living with mom! she has a bad rep with DCF and DOR, they dont like her at all! So she has long history of lying but without the order allowing my petiton DCF hands are tied for going after her. There is still a hearing set for October, should I contact to find out if the hearing is still on or would I get something in the mail?
again thanks!
 

LdiJ

Senior Member
Feb of 2010 when the support stopped. She has basically no work history and relies on our kids child support payments and welfare to live and if shes not there she gets nothing. pretty sad that child has to support the parent and not other way around.
When I went to court she was not there but DCF was livid to find out that our kid was with us because she was still claiming our kid to get food stamps, etc, when not living with mom! she has a bad rep with DCF and DOR, they dont like her at all! So she has long history of lying but without the order allowing my petiton DCF hands are tied for going after her. There is still a hearing set for October, should I contact to find out if the hearing is still on or would I get something in the mail?
again thanks!
You did not answer my question.
 

clsg

Junior Member
i got the signed order today and it says because I didnt appear in court which makes no sense because when I go on the clerk of court website and look up my case it says that the hearing has been moved to october. So i guess I will have to call the clerk and find out what is going on. My girlfriend, who filed a notorized affidavit that went with my petition and will appear for me in court, can she call and find out? I work long hours in a different county and have to take the bus and my phone has very limited minutes.
thanks!
 

LdiJ

Senior Member
i got the signed order today and it says because I didnt appear in court which makes no sense because when I go on the clerk of court website and look up my case it says that the hearing has been moved to october. So i guess I will have to call the clerk and find out what is going on. My girlfriend, who filed a notorized affidavit that went with my petition and will appear for me in court, can she call and find out? I work long hours in a different county and have to take the bus and my phone has very limited minutes.
thanks!
Your girlfriend CANNOT appear for you in court. If you cannot be there, you would have to hire an attorney to appear for you.
 

clsg

Junior Member
u must misunderstood what I wrote. what i was asking is if she can CALL the clerk of court to see if there is still a hearing next month or not..not asking about her appearing in court for me. she was a paralegal before moving to the medical field so she already knows that.
 

Proserpina

Senior Member
u must misunderstood what I wrote. what i was asking is if she can CALL the clerk of court to see if there is still a hearing next month or not..not asking about her appearing in court for me. she was a paralegal before moving to the medical field so she already knows that.


Uh...YOU said "...will appear for me in court".

We can only comment on what you say.
 

clsg

Junior Member
LOL gotcha. she will be a witness for me in court, that is what i meant. sorry for the confusion. yes i would still be there.
 

Find the Right Lawyer for Your Legal Issue!

Fast, Free, and Confidential
data-ad-format="auto">
Top