Scheduling a Family Law Hearing
by Stanton from Panama City, Florida, Bay County
I am ready to schedule a hearing, can you help me?
I have been told to file a motion to hear my case to amend child support.
At the same time, I would like to hear the contempt case I
filed on my ex.
What form do I need and who all is it to be
filed with?
If I missed hearing for my children to relocate, is there
some thing that I can file to have this re-looked at in the court?
My
ex's lawyer says they sent me the hearing date in the mail, but I never
received any notification.
So, without discussion, she is moving my
children to Orlando, Florida. What can I do to object?
Answer to Family Law Procedural Question
Dear Stanton,
You asked three questions. I'll answer them one at a time.
Motion to Amend Child Support
The form that you need to file is
Florida Supreme Court approved Form, Supplemental Petition to Modify
Child Support, Form 12.905(b).
Have a look at our web-powered instructions page for Form 12.905b for more information.
The instructions for this supplemental petition for child support form state in part:
This form should be used when you are asking the court to change a current court-ordered child support obligation.
The
court can change a child support order if the judge finds that there
has been a substantial change in the circumstances of the parties and
the change is in the child(ren)’s best interests.
Hearing for Contempt
To request a hearing for contempt, you will need to file a Motion for Hearing.
See this FAQ page about blank pro se motions for family law for more information.
If you want to have the judge hear the contempt portion of your case at
the same time as the modification of child support you will need to
wait until the other party has responded to your Petition to Modify
Child Support.
You can also ask the clerk of court to help you with scheduling those hearings together.
The contact info for Bay county clerk of court is:
Bay County Clerk of Court
300 E. 4th Street
Panama City, FL 32401
(850) 747-5222
Once your hearing is granted you need to notify the other party using the Notice of Hearing.
Motion for Rehearing
As to the other parent relocating without your knowledge or consent, you can request or file a Motion for Re-hearing because you were not properly served.
You can use the general motion form
The Florida statute dealing with relocating a minor
child is 61.13001.
Reader Comments
Clerk's Default & Late Answer
by: Missing My Kid
I petitioned the court for Dissolution of Marriage with minor
child, of which I have not seen or spoken to in many months because my
soon to be ex has denied me all access to the child.
All my paperwork
was filed with the court and served on the respondent.
After 20
days, no answer or counter petition was filed, so I filed a Motion for
Default, Default and Notice of Trial with the court.
The answer and
counter petition ended up in my mailbox, with no postmark and plenty of
stamps, two days after the 20 day period and after my motion for default
was filed.
The counterclaim showed up on the docket as well
two days after the 20 day time frame.
The Court Clerk did enter the
default against the respondent and I would like to know if I have to
even answer her counter petition or if I can just wait for the trial to
present my case?
--Sounds to me like you need to wait on a
ruling to your Motion for Default by the judge. If the motion is denied,
it will probably be because the answer was entered.
Call the judicial
assistant or the case administrator for more information about where
your case stands. --Staff
Legal Advice and Florida Court Forms
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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