Legal Question in Family Law in Florida
A judge in volusia county FL issued what I consider an unlawful incompetent order which has caused significant hardship for my daughter and granddaughter. The order vacates a previously entered order of 2006 which defined child support custody and visitation guidelines for my now 10 year old granddaughter.
The judge who issued the new order stated the the father was the petitioner and that my granddaughter resided with her father. The order had no party noticed of any hearing on any petition. We had no idea the order existed until we tried to find out why DOR stopped the child support payments and said my daughter owed money back. They would explain nothing. We went to the court house and after being shuffled around to many offices a clerk fount the order and we obtained a copy. We then asked for the petition which should have proceeded the order. To the clerks dismay there was no petition and she had no explanation as to how the order was issued nor why no party was noticed nor was anything mailed to anyone. After visiting more clerks' offices it was obvious they were as puzzled as we are but nobody could tell us what administrative court person could correct this.
The father says that he did not petition and did not attend a hearing but when DOR told he would no longer be making an income deduction and he did not have to pay support he did not. Of course her knew my granddaughter did not live with him and never had but he chose to not do the ethically or morally correct thing. At this point my daughter has not recieved child support for 10 months which has caused great financial distress. I have helped as much as possible but I am retired on fixed low income.
It is unbelievable to me that a judge could do such a thing with no petitioner with totally erroneous information and without notice to anyone. What can we do?
3 Answers from Attorneys
If DOR was involve you have been fighting the Gestapo. They know no law. In the past they have issued their own orders without any notice to any party. You can try your state senator for Volusia county but you will probably need to file a Petition with the court, not DOR. Note that due to the lapse of time the court, not DOR, may rule that any relief from the date of the original mistake has been waived. You need to have an attorney.
If 30 days has not passed, file your Notice of Appeal. Retain counsel.
You have to file a petition/motion to vacate the prior order. asap. Use of a lawyer is recommended in this case.
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