Change of Venue for Child Support

[ldoherty]

What is the name of your state? Florida

My daughter wants to change the venue of her child support Order from Sarasota County, FL, where she and her ex-husband resided when married, to Orange County, FL where she has resided for the last 8 years. She does not receive support on any regular basis and travel to and from the Courts in Sarasota County to enforce the support Order is expensive and time prohibitive (she is employed). She cannot afford to hire an attorney to handle this matter for her. She has filed a Petition to Domesticate A Foreign Final Judgment and paid $250 to do so. Now the Orange County Court is telling her that she must file other papers to effect the change. She doesn't have any clue what additional paperwork would be required. Someone said Motion to Enforce the Petition would be next, but she is unsure of the validity of that and what other additional forms need to be filed. So far, she has paid $250 for nothing and has no idea what else to do. Can anyone help her out who has gone through this process by advising what additional forms need to be filed? Thanks for any and all help.

 

[nextwife]

Where does dad reside?

 

[Gracie3787]

What is the name of your state? Florida

My daughter wants to change the venue of her child support Order from Sarasota County, FL, where she and her ex-husband resided when married, to Orange County, FL where she has resided for the last 8 years. She does not receive support on any regular basis and travel to and from the Courts in Sarasota County to enforce the support Order is expensive and time prohibitive (she is employed). She cannot afford to hire an attorney to handle this matter for her. She has filed a Petition to Domesticate A Foreign Final Judgment and paid $250 to do so. Now the Orange County Court is telling her that she must file other papers to effect the change. She doesn't have any clue what additional paperwork would be required. Someone said Motion to Enforce the Petition would be next, but she is unsure of the validity of that and what other additional forms need to be filed. So far, she has paid $250 for nothing and has no idea what else to do. Can anyone help her out who has gone through this process by advising what additional forms need to be filed? Thanks for any and all help.

She'd need to file a motion for a change of venue. (she'll need to write it up herself, there are no forms available for this)

However, if ex still lives in Sarasota County, the order will most likely stay there. Your daughter can always request to appear telephonically for all court actions. She can do this by contacting the Sarasota court clerk's office.

 

[ldoherty]

Thanks for responding. Okay, we have a Motion to Change Venue (kind of) form and we'll go from there. I sincerely hope that we can get the venue changed, as Sarasota County Courts have not enforced any of the Court Orders and refuses to put ex in jail for non-support because he "has no way to purge himself" they say. We know from experience that Orange County is much harder on dead beat dads. Another request: does she also have to make up an Order for the judge to sign if her Motion is granted? Any other forms that you can think of? Thanks

 

[nextwife]

There is a reason that DAD's residence is a legally important point to know before the jurisdiction can be moved.

Again, WHERE is dad?

 

[CourtClerk]

There is a reason that DAD's residence is a legally important point to know before the jurisdiction can be moved.

Again, WHERE is dad?

It sounds as if Dad is still in Sarasota County and that's why the question is being danced around...

Sarasota County Courts have not enforced any of the Court Orders and refuses to put ex in jail for non-support because he "has no way to purge himself" they say. We know from experience that Orange County is much harder on dead beat dads.

And yes, you will have to prepare your own order, then cause the case to be moved after that.

 

[nextwife]

BTW, Idoherty, what you seek is not a "change of venue". That is something different. You are seeking a change of jurisdictiction.

WHERE is dad?????

 

[LdiJ]

BTW, Idoherty, what you seek is not a "change of venue". That is something different. You are seeking a change of jurisdictiction.

WHERE is dad?????

I am going to disagree with that. It has always been my understanding is that a change of jurisdiction is from state to state, and a change of venue is from county to county within a state.

 

[ldoherty]

I'm sorry, why would I be trying to "dance around" the issue where the father is? I thought I'd made it clear that she has difficulty traveling to Sarasota County and that the Sarasota County Judge was not unholding the judgment to pay back child support and won't put him in jail to enforce it "because he doesn't have money to purge himself." Therefore, Dad is in Sarasota County - Sarasota to be specific.

My daughter has a caseworker for this child support matter who is located in Tampa. She will petition the Sarasota Court to take away the father's driver's license only when he is 2 months behind on "current" child support ($300/mth for 2 children). Then just before the hearing he'll pay the overdue current child support and they drop the matter and he again goes delinquent for another couple months, until the caseworker files another petition because he is delinquent. This delinquency is only for current payments. There was an order issued over 2 years ago for him to begin paying on his back child support deliquency of approx. $27,000 - but he has never done so and the Court (again) will not put him in jail because he "cannot purge himself from jail" due (they say) to lack of funds. Naturally the father is an expert at hiding his income. Manages a boat dealership in Sarasota (owned by his present girlfriend), and he claims he makes very little as he claims to be an independent contractor - girlfriend is not legally able to withhold child support from his wages (makes no sense to me). He has it all figured out to not show much income: the boat dealership pays his condo rent, leases his auto, etc. as part of his compensation. Anything to decrease his available income to pay support. Yet we have a friend here in Orange County who, due to illness, got behind on child support and they were going to throw him in jail, even though he claimed to have no funds. He would have gone to jail too, had he not borrowed the money to pay the back child support from a family member. Why the big difference in the way differnt counties in Florida handle back child support?

 

[ldoherty]

BTW, Idoherty, what you seek is not a "change of venue". That is something different. You are seeking a change of jurisdictiction.

WHERE is dad?????

A Change of jurisdiction - not a venue? Now that's new. It's almost impossible for a person who is not indigent but has no extra money for an attorney to be able to swim through the labyrinth of legalese themselves. It is very discouraging.

 

[Gracie3787]

A Change of jurisdiction - not a venue? Now that's new. It's almost impossible for a person who is not indigent but has no extra money for an attorney to be able to swim through the labyrinth of legalese themselves. It is very discouraging.

moving a court order from one county to another in Florida is called a change of venue so you will be filing the correct motion.

 

[Gracie3787]

I'm sorry, why would I be trying to "dance around" the issue where the father is? I thought I'd made it clear that she has difficulty traveling to Sarasota County and that the Sarasota County Judge was not unholding the judgment to pay back child support and won't put him in jail to enforce it "because he doesn't have money to purge himself." Therefore, Dad is in Sarasota County - Sarasota to be specific.

My daughter has a caseworker for this child support matter who is located in Tampa. She will petition the Sarasota Court to take away the father's driver's license only when he is 2 months behind on "current" child support ($300/mth for 2 children). Then just before the hearing he'll pay the overdue current child support and they drop the matter and he again goes delinquent for another couple months, until the caseworker files another petition because he is delinquent. This delinquency is only for current payments. There was an order issued over 2 years ago for him to begin paying on his back child support deliquency of approx. $27,000 - but he has never done so and the Court (again) will not put him in jail because he "cannot purge himself from jail" due (they say) to lack of funds. Naturally the father is an expert at hiding his income. Manages a boat dealership in Sarasota (owned by his present girlfriend), and he claims he makes very little as he claims to be an independent contractor - girlfriend is not legally able to withhold child support from his wages (makes no sense to me). He has it all figured out to not show much income: the boat dealership pays his condo rent, leases his auto, etc. as part of his compensation. Anything to decrease his available income to pay support. Yet we have a friend here in Orange County who, due to illness, got behind on child support and they were going to throw him in jail, even though he claimed to have no funds. He would have gone to jail too, had he not borrowed the money to pay the back child support from a family member. Why the big difference in the way differnt counties in Florida handle back child support?

Since your ex is still in Sarasota county, it's a virtual guarantee that the case will remain in Sarasota county. But, you can file anyway if you wish, just don't get your hopes up too high.

The caseworker is doing things correctly in waiting until ex is 60 days late before suspending his DL. Actually, most caseworker's will wait 3 months or more before taking that step so you are fortunate that your caseworker is so fast.

The law in Florida is VERY specific about what is required to make a finding of civil contempt. In addition to making a finding that the NCP willfully chose not to pay, the court MUST make a finding that the NCP has the present abilty to "purge" himself/herself of the contempt. That will normally require a Judge to make a finding that the NCP has a source of income that is fully available for a purge payment. Apparently in your case, a Judge has not been able to make that finding.

 

[CourtClerk]

Gracie, from the OP's post, I get the impression that the case is being handled by CSE.. so tell me something.

1. If it was, would the case title (hence the parties of the case) be County of Sarasota v. NCP?

2. Does FL allow for telephonic appearances?

Now, as to the OP... if the parties to the case are the county (or state) v. the NCP, then I wouldn't imagine a judge allowing a change of venue. The most important people being present in court would be NCP and CSE. With that being said, I don't think there is a judge in the world that will allow the case to be moved if one of the parties are still in the county.

Also, I don't care how to paint it, what your daughter is attempting to do is forum shop. Everyone likes the procedures of some other county, so lets move them there because they'll stick it to them more there than they are here. If the courts allow telephonic appearances, and your daughter finds it hard to appear in person, then perhaps she needs to petition for telephonic appearances or make written declarations to the court.

 

[Gracie3787]

Gracie, from the OP's post, I get the impression that the case is being handled by CSE.. so tell me something.

1. If it was, would the case title (hence the parties of the case) be County of Sarasota v. NCP?

2. Does FL allow for telephonic appearances?

Now, as to the OP... if the parties to the case are the county (or state) v. the NCP, then I wouldn't imagine a judge allowing a change of venue. The most important people being present in court would be NCP and CSE. With that being said, I don't think there is a judge in the world that will allow the case to be moved if one of the parties are still in the county.

Also, I don't care how to paint it, what your daughter is attempting to do is forum shop. Everyone likes the procedures of some other county, so lets move them there because they'll stick it to them more there than they are here. If the courts allow telephonic appearances, and your daughter finds it hard to appear in person, then perhaps she needs to petition for telephonic appearances or make written declarations to the court.

The case title would be:
"State of Florida Dept. of Revenue, on behalf of, CP name, v NCP name". (it's a weird set up because Florida law also states that the DOR is NOT a party to an order, confusing, huh?)

Yes, Forida does allow telephonic appearances. Actually, when the CP is in another county or state, the DOR encourages telephonic appearances by a CP.

You are correct that a Judge is going to have a hard time granting a change of venue as long as the NCP still resides in that county.


The OP just needs to contact the DOR caseworker or the court clerk's office to request to appear telephonically. They will give the CP a date, time and toll free phone number to call, it's really easy to do.

 

[garrula lingua]

Gracie,
In Ca, a sneaky way of changing venue from county to county on a CSE case, is to register the order in CSE of applicant's county (each county has a separate CSE dept & they must accept another county's support order for enforcement (but custody issues stay in the other county).

Is your CSE dept separate, from county-to-county in Fl ? If so, can support orders be registered in the CP's county by CSE ?