After divorce final hearing, and one week prior to a Supplementary Hearing (regarding disputed child support calculations) I submitted an updated financial affidavit. Opposing counsel objected to it stating it wasn’t submitted prior to the divorce final hearing, and could not be considered,so the judge did not admit it. I was told that “Pursuant to Florida Family Law Rule12.285(e)(1), “Duty to Supplement Disclosure; Amended Financial Affidavit,” that “Parties have a continuing duty to supplement documents described in this rule, including financial affidavits, whenever a material change in their financial status occurs.”
My Question: Did our Judge make a judicial error by not admitting the updated financial affidavit? (The Judge asked opposing counsel for guidance on numerous matters throughout the case) If yes, what steps can be taken to correct the matter? Child support is calculated on the incorrect numbers. Documentation to prove income was provided. I am self employed and first financial affidavit submitted in January gave “best effort” estimate second financial affidavit filed at year end had exact numbers after accountant filed taxes.
1 Answer from Attorneys
possibly so. Take the matter up with the Chief Justice and ask for a review