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Then your going to have to go to the courthouse and get a copy. Then immediately retain local counsel to file the appeal because most likely your already beyond the time within which to file such. However, that your beyond the time to appeal can be circumvented because you never recieved a copy of the order.
Yes, they can't go back further than the request - unless they go back to the original date in 1999 which states something different than what your stating.
He wasn't getting state of federal aid for the children was he?
You can retain an attorney to get it for you and file your appeal OR you can request them to send you a copy by calling the judge's clerk who entered the order or contacting the clerk of records.
That's great your not out of time yet. However, since there is so much money at stake I would make certain that I didn't let the appeal time slip by.
Yes, you can file the appeal yourself certainly. It wouldn't be that hard to do. However, if you want to do such I would drive down to the court and get a copy of the order AND pick up their appeals procedure and forms at the same time.
Yes, if your certain that no order of support was entered way back when AND that they didn't leave it open that they could go back to that date - then the court was certainly wrong, in violation and error of the law and statute, and committed judicial misconduct even - an abuse of judicial power certainly.
It's not that hard to file an appeal but you do have to be able to cite the law and statute that the judge was in error of - that takes research and knowledge of the procedure. If you haven't done it before - I don't think I would let this be my first considering the amount of money at stake.
That potentially could be construed to mean (on a real abstract level) that the judge could/can impose child support retroactively. However, that's against the statute and case law - they can only enter an order from the date a request was made and no further back than that.
At that same site you can get the rules too for you to cite in your brief on the matter.
Yes, from just this year or when he filed the motion for the request. For example - If A files a motion for a child support hearing on September 1, 2009 and the court allows A to get the hearing - usually the hearing isn't until 3 months later or November or December 2009. The furthest back arrearages can go is back to September 1, 2009 - that's it.
Yes, it would seem they made it retroactive back to 1999 - wrongfully so.
Usually an attorney for an appeal would be from $500 to $1,000 depending on all that would have to be done. However, this should be on the lower side because the law is so clear on the issue.
Yes, you can contact the Bar Association and obtain a Florida attorney to retain certainly - that's what I would highly recommend.
That's great that she's going to get the information and help you. However, that still doesn't sound right as to even going back to 1/2006 - there is no basis in law for that whatsoever. The judge clearly made a horrendous judicial blunder there.
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