What is the name of your state? FL
I NEED HELP.
I'm sorry if this is long but there are details that have to be mentioned in order to understand this.
Hello, my dead-beat ex-husband filed for modification of the child support and custody of 1 of the 2 children and asked that past due child support (he doesn't pay) not be counted since 1 of our 2 children has not been living with me but with the grandmother for the past 5 yrs. Basically, he could've done this yrs ago but didn't. The judge said that since I don't agree, according to some law, we can only modify from the "date of his filing his petition", which was a few months ago. The judge assumed I did not agree. The judge was going to order him $39,000 of arrears and set up new child support for current after school care expenses. But I said I agreed (like an idiot) b/c I thought he was broke and I thought it would be fair and I would get arrears from the time that child "was" living with me for 2 yrs after our divorce. Then the judge said he could not see where there were arrears stated on our marital settlement agreement and that he can only go by that document and not CSE records. Apparently, the attorney I had 8 yrs ago, forgot to put the arrears at the time on the marital settlement agreement. We had to end the hearing b/c time was up but it is going to be continued on a near future hearing. I have a CSE attorney but he is never able to speak with me to answer my question and we had not even spoken b/4 that first hearing even though I tried to make an appointment and that's why I was unprepared and confused and was not aware of that law to have time to think about it. I cannot afford a private attorney. Even though I didn't have to do that, now my ex is verbally flaunting several supposed real estate property he has which he never put under his name for fear of CSE taking it. He thinks it's all over.
Question: Since there has not been an Order yet and we are supposed to finalize everything at the next hearing, can I tell the judge I "do not agree" now? Even though I said I did at last hearing AND I had said I agreed on my response. I'm hoping it won't be
a problem. Do I need to file a new response or just go to next hearing which is being set for like next month. Do I write a letter to the judge?
Plus, after he came out of prison last yr for an unrelated matter, he told me he was going to live with that child and the grandmother, that's why I agreed, but circumstances have changed, I find out he is not, he has been living with his pregnant girlfriend not our son. He lied to me so that I would agree.
It is the General Magistrate and the things that appeared on the docket after the hearing (which I don't know what they are) are Order on Report of General Magistrate, then General Magistrate Record of Proceeding, then the most recent is Report of General Magistrate on 4/5/06, all that since our hearing in March. Also, why is there another report on 4/5/06 if we haven't met again? What is "Order on Report of General Magistrate"? I tried asking his judicial assistant but she couldn't didn't know herself. Should I write to the judge? Do I still have the right to "not agree" and tell the judge I do want that law to be followed that says we modify from the date he filed the petition to modify?
Thanks for reading and for your time and input to anyone that has the slightest idea to any of this. THANKS!
Help.
I NEED HELP.
I'm sorry if this is long but there are details that have to be mentioned in order to understand this.
Hello, my dead-beat ex-husband filed for modification of the child support and custody of 1 of the 2 children and asked that past due child support (he doesn't pay) not be counted since 1 of our 2 children has not been living with me but with the grandmother for the past 5 yrs. Basically, he could've done this yrs ago but didn't. The judge said that since I don't agree, according to some law, we can only modify from the "date of his filing his petition", which was a few months ago. The judge assumed I did not agree. The judge was going to order him $39,000 of arrears and set up new child support for current after school care expenses. But I said I agreed (like an idiot) b/c I thought he was broke and I thought it would be fair and I would get arrears from the time that child "was" living with me for 2 yrs after our divorce. Then the judge said he could not see where there were arrears stated on our marital settlement agreement and that he can only go by that document and not CSE records. Apparently, the attorney I had 8 yrs ago, forgot to put the arrears at the time on the marital settlement agreement. We had to end the hearing b/c time was up but it is going to be continued on a near future hearing. I have a CSE attorney but he is never able to speak with me to answer my question and we had not even spoken b/4 that first hearing even though I tried to make an appointment and that's why I was unprepared and confused and was not aware of that law to have time to think about it. I cannot afford a private attorney. Even though I didn't have to do that, now my ex is verbally flaunting several supposed real estate property he has which he never put under his name for fear of CSE taking it. He thinks it's all over.
Question: Since there has not been an Order yet and we are supposed to finalize everything at the next hearing, can I tell the judge I "do not agree" now? Even though I said I did at last hearing AND I had said I agreed on my response. I'm hoping it won't be
a problem. Do I need to file a new response or just go to next hearing which is being set for like next month. Do I write a letter to the judge?
Plus, after he came out of prison last yr for an unrelated matter, he told me he was going to live with that child and the grandmother, that's why I agreed, but circumstances have changed, I find out he is not, he has been living with his pregnant girlfriend not our son. He lied to me so that I would agree.
It is the General Magistrate and the things that appeared on the docket after the hearing (which I don't know what they are) are Order on Report of General Magistrate, then General Magistrate Record of Proceeding, then the most recent is Report of General Magistrate on 4/5/06, all that since our hearing in March. Also, why is there another report on 4/5/06 if we haven't met again? What is "Order on Report of General Magistrate"? I tried asking his judicial assistant but she couldn't didn't know herself. Should I write to the judge? Do I still have the right to "not agree" and tell the judge I do want that law to be followed that says we modify from the date he filed the petition to modify?
Thanks for reading and for your time and input to anyone that has the slightest idea to any of this. THANKS!
Help.