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flash2go

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

If i file a notice of contest for an impending judgement for unpaid child support and later file an amendment to the notice, do I have to include (aggregate) everything from the original notice into the amendment or just include what needs to be considered "in addition" to the original notice? On a recent notice i checked the box that there was no delinquenty, i later filed an amendment checking the box that there was delinquency but not the amount specified, i did not check the box stating there was no delinquency, i did not include items from the original notice in the amendment thinking that the court would look at both but apparently they are looking only at the amendment that does not have items from the original notice. My contest was denied - without a hearing - and judgement granted to my ex-wife stating that I agreed to the delinquency. Even if I agreed to the delinquency, the check box item actually states that I was delinquent but not the amount stated but the court issued judgement for the entire amount without giving me chance to explain why i was not delinquent for the entire amount. How do i correct this? This is from a deceptive injunction order she got granted on me by a lienient judge - who showed racism against me and who I had recuse himself - with no contact/no visitation and $600/month in child support while i was in custody with no job, no money and no lawyer and later found not guilty at trial. I could not see my child for 10 months and my child could not see me for 10 months due to her malice and vindictive parental alienation! I don't even know - God forbid - if my child is still alive because she endangered his life several times ever since he was born with her severe obesity and other health issues.

I still do not have a viable job to meet my own expenses even for the very basic essentials such as rent for a room, mobile phone, auto insurance premium. I am unable to meet my expenses with the low profile part time job I currently have that earns hardly $700 a month and live off food stamps. How can I pay 600 a month in child support when i was in custody for 96 days waiting for my trial and then was homeless, jobless, bankrupt and helpless from december-april and currently make around 700 a month and child support kept accumulating. Some people said I may owe anywhere from $74 to $119 a month if my income is not meeting my own expenses which is the reason for my contest that I owe in this range instead of $600 a month. My original notice of contest stated there was no delinquency because the amount is invalid based on my income and it was granted when i had no job, no money, no lawyer, in custody but was granted at 600 a month which should make the injunction itself invalid.

I pray to God every minute to keep my child safe. Child support is for the child and so, why do I have to pay child support (even if I can pay it in future) when I do not even know if my child is still alive because of her vindictive parental alienation?

Do I have to file everything or can I just state during the hearing? Because, even if I file my motions/notices, they make me say what I have to say in the courtroom anyway and do not even go through what I filed! If they gave me a hearing, I could have informed the court (and clarified myself and corrected them) about the original notice/amendment and inappropriate figures in the injunction vs my income which validates the statement that i was delinquent but not for the amount stated. But they did not give me a hearing.

I lost several job opportunities because the injunction is showing on my background report.

I have under 1 week to file a motion to vacate the judgement. How do I go about it? Please help...

TIA
 


Gracie3787

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

If i file a notice of contest for an impending judgement for unpaid child support and later file an amendment to the notice, do I have to include (aggregate) everything from the original notice into the amendment or just include what needs to be considered "in addition" to the original notice? On a recent notice i checked the box that there was no delinquenty, i later filed an amendment checking the box that there was delinquency but not the amount specified, i did not check the box stating there was no delinquency, i did not include items from the original notice in the amendment thinking that the court would look at both but apparently they are looking only at the amendment that does not have items from the original notice. My contest was denied - without a hearing - and judgement granted to my ex-wife stating that I agreed to the delinquency. Even if I agreed to the delinquency, the check box item actually states that I was delinquent but not the amount stated but the court issued judgement for the entire amount without giving me chance to explain why i was not delinquent for the entire amount. How do i correct this? This is from a deceptive injunction order she got granted on me by a lienient judge - who showed racism against me and who I had recuse himself - with no contact/no visitation and $600/month in child support while i was in custody with no job, no money and no lawyer and later found not guilty at trial. I could not see my child for 10 months and my child could not see me for 10 months due to her malice and vindictive parental alienation! I don't even know - God forbid - if my child is still alive because she endangered his life several times ever since he was born with her severe obesity and other health issues.

I still do not have a viable job to meet my own expenses even for the very basic essentials such as rent for a room, mobile phone, auto insurance premium. I am unable to meet my expenses with the low profile part time job I currently have that earns hardly $700 a month and live off food stamps. How can I pay 600 a month in child support when i was in custody for 96 days waiting for my trial and then was homeless, jobless, bankrupt and helpless from december-april and currently make around 700 a month and child support kept accumulating. Some people said I may owe anywhere from $74 to $119 a month if my income is not meeting my own expenses which is the reason for my contest that I owe in this range instead of $600 a month. My original notice of contest stated there was no delinquency because the amount is invalid based on my income and it was granted when i had no job, no money, no lawyer, in custody but was granted at 600 a month which should make the injunction itself invalid.

I pray to God every minute to keep my child safe. Child support is for the child and so, why do I have to pay child support (even if I can pay it in future) when I do not even know if my child is still alive because of her vindictive parental alienation?

Do I have to file everything or can I just state during the hearing? Because, even if I file my motions/notices, they make me say what I have to say in the courtroom anyway and do not even go through what I filed! If they gave me a hearing, I could have informed the court (and clarified myself and corrected them) about the original notice/amendment and inappropriate figures in the injunction vs my income which validates the statement that i was delinquent but not for the amount stated. But they did not give me a hearing.

I lost several job opportunities because the injunction is showing on my background report.

I have under 1 week to file a motion to vacate the judgement. How do I go about it? Please help...

TIA
You REALLY need an attorney. If you cannot afford to hire one, you need to gather up all orders and take them to a local attorney for a consult.

You can get a 30 minute consult for $25 by calling the Florida Bar Lawyer Refferal service at 1-800-342-8011. It will help if you write out the questions you want to ask, to make sure they get answered in the 30 minutes.

You can read the Rules of Civil Procedure at http://phonl.com/fl_law/rules/frcp
 

flash2go

Junior Member
I don't mean to offend anyone but I am sorry to say that these lawyers who list themselves under referral service are the ones who are "desperate". I consulted two of them so far - they would not listen to whatever I am saying about the case, would not let me talk and all they did was try to get me to sign a retainer for 7,500-10,000 or more before they even open their mouths - that is all the consultation they would give me in 30 mins. They are too clever to not give me any piece of advice or steps to take during the consultation for the $30 they receive so I could do it myself. I went to them to get some advice to do it myself because I don't have money to retain them but its a total eye-wash!

Only some magic should happen to save my case.
 

Proserpina

Senior Member
Then you absolutely need to read and learn the Rules of Civil Procedure as Gracie suggested.

Have you tried Legal Aid?

Also might be time to get a second job, and to file for a modification.
 

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