Order by a General Magistrate Exception to Order

by Anonymous from Florida

A magistrate has entered an Order on my Petition for modification of child support. It did not take into account the facts presented.

And the Magistrate decided to impute income based on possible earnings instead of actual earnings.

What can I do now if I do not agree?

Answer to Florida Child Support Question

Dear Anonymous,

You have 10 days from the date of the magistrates report to file an exception. Do not delay. There are no public court approved forms for you to use, but you may be able to get one from your circuit court law library.

If you decide to do this Pro Se, you may need to get an electronic recording or transcript of the general magistrate's hearing you attended.

You can call your circuit court self help center to find out how to get a copy. Read Florida Family Law Rules of Procedure, Rule 12.490 and especially section (f).

Also look at the Eighth Circuit's administrative order 1.04 on General Magistrates for more information.

Notice: We provide these answers to the general public and our website visitors as a means to further their online legal research. These answers are merely suggestions and should not be regarded as legal advice.

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Comments for Order by a General Magistrate Exception to Order

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General Magistrate Unfair Twice!
by: Mike from Texas

When I was granted my divorce we went before the General Magistrate and it was deemed that I pay almost $1900 in child support. I got a lawyer and they showed that he made a mistake in his calculations and was reduced to what the Fl. support was supposed to be at $1379. My income was reduced due to my job getting reduced.

I used this lawyer and told him I was moving to TX with the a little higher pay but still less than before. We went to the General Magistrate again and it was the same one that made the mistake the first time. He said that I couldn't do it because I should be paying more and dismissed the case. He is very unfair and does not follow the law. Is there anything that I can file to see if a judge even looked at the case?

--You can try setting a hearing on exceptions to the General Magistrate's order. See Setting a Hearing on Exceptions and Pro Se Motion Form for more information. --Staff

by: Anonymous

I understand how you feel. I am in the same situation. It is just that right now I have filed my own exceptions list and I dont know what to do next to put it on hold until I can gather all the information and experts I need to present evidence to the Magistrate. The Magistrate just dont or cannot believe anything I have said and asked. I have to spend $10,000.00 in experts for the court to listen to me.

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