Gracie3787
Senior Member
What is the name of your state? Florida
This is important info concerning your thread "CSE vs Attorney". I'm posting a new thread because I want to make sure you read this.
You've gotten some incorrect info and I was almost positive I was correct, but I wanted to speak to a friend of mine at the DOR to make sure before I posted.
Regarding your father being allowed to be in court for you:
The other's are correct, you and your father can get into alot of legal hot water, even with the POA that the DOR gave you and him. Actually, the POA is ONLY for your father (or anyone else you specify) to be able to speak TO the DOR about your case. The DOR cannot discuss a case with anyone other than the parents, unless the parent does a POA. For instance, my husband had to do a POA for me to be able to speak to the DOR about his case. We were NOT informed at the time that the POA did NOT extend to me being able to be in court for him, or sign papers for him. We thought it did, and I came very close to being prosecuted for practicing law without a license.
You and your father have been VERY fortunate that neither the Judge nor your ex's attorney has complained. Personally, I highly suspect that no one has, simply because you are the CP instead of the NCP.
Instead of having anyone other than attorney be in court for you (to give evidence or testimony) the laws are set up so that you can easily appear telephonically ( your DOR worker or court clerk can set that up for you). You can then either fax documents to the court, or send them to the DOR who will then present them in court. Please, talk to your DOR worker and an attorney to verify that what we are saying about this is true.
Regarding whether or not the DOR is a party, and must be LEGALLY served:
Florida statute 409.2564 states in part that the department shall be a party to the action only for those purposes allowed under title IVD of the social security act.
In the 9th, 10th, and 11th judicial circuits the DOR does NOT have to be LEGALLY served, meaning that nothing has to be "served" to them by certified mail, or licensed process server. However, they do have to be notified and given copies of all pro-se filings. This can be legally accomplished by taking the papers in to thier office personally, or by regular mail. This, according to my friend, is how it can be done in all judicial circuits, but just to make sure, you should ask your DOR worker, because it's possible that their particular office has made their own rules. Unfortunately, each county office is able to make up their own rules that can be different than other offices.
This is important info concerning your thread "CSE vs Attorney". I'm posting a new thread because I want to make sure you read this.
You've gotten some incorrect info and I was almost positive I was correct, but I wanted to speak to a friend of mine at the DOR to make sure before I posted.
Regarding your father being allowed to be in court for you:
The other's are correct, you and your father can get into alot of legal hot water, even with the POA that the DOR gave you and him. Actually, the POA is ONLY for your father (or anyone else you specify) to be able to speak TO the DOR about your case. The DOR cannot discuss a case with anyone other than the parents, unless the parent does a POA. For instance, my husband had to do a POA for me to be able to speak to the DOR about his case. We were NOT informed at the time that the POA did NOT extend to me being able to be in court for him, or sign papers for him. We thought it did, and I came very close to being prosecuted for practicing law without a license.
You and your father have been VERY fortunate that neither the Judge nor your ex's attorney has complained. Personally, I highly suspect that no one has, simply because you are the CP instead of the NCP.
Instead of having anyone other than attorney be in court for you (to give evidence or testimony) the laws are set up so that you can easily appear telephonically ( your DOR worker or court clerk can set that up for you). You can then either fax documents to the court, or send them to the DOR who will then present them in court. Please, talk to your DOR worker and an attorney to verify that what we are saying about this is true.
Regarding whether or not the DOR is a party, and must be LEGALLY served:
Florida statute 409.2564 states in part that the department shall be a party to the action only for those purposes allowed under title IVD of the social security act.
In the 9th, 10th, and 11th judicial circuits the DOR does NOT have to be LEGALLY served, meaning that nothing has to be "served" to them by certified mail, or licensed process server. However, they do have to be notified and given copies of all pro-se filings. This can be legally accomplished by taking the papers in to thier office personally, or by regular mail. This, according to my friend, is how it can be done in all judicial circuits, but just to make sure, you should ask your DOR worker, because it's possible that their particular office has made their own rules. Unfortunately, each county office is able to make up their own rules that can be different than other offices.