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originallawyer
originallawyer, Family Law Attorney
Category: Family Law
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Experience:  6+ years of experience in divorce, custody battles and mediation.
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If a previous court order for child support was filed in Osceola

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If a previous court order for child support was filed in Osceola County FL. in order to receive child support pending a divorce in the future due to the residence of petitioner, being within that county and than several yrs later the same petitioner and spouse moves to an adjacent county and files for a uncontested divorce within the subsequent county of current residence and supplies the second court in a different county with consenting documents and affidavits and financial documents, requesting a dissolution of divorce, CAN the " Judge in the second county ruling over the divorce create a new support order that would "trump" the old support order , despite it originating in a different county, ??? Thus saving months of time having to go through the first court and also the state to reply, forcing a long waiting period for both to amend the old support order, before the two parties can be granted a uncontested divorce in the present county in which they reside within. ??? This is the exact way my wifes attorney has handled our uncontested divorce and agreements to increase the support amount but keep all the other custody and visitations issues the same. And I am pissed , because I was led to believe the current jurisdictional Judge would be asked to grant the divorce and amend, or create a new order to trump the old support amount and or order so everything could be accomplished within one jurisdiction quickly. Frankly, It seems logical a second Judge if presented with all the correct legal documents from all parties would be able to trump a prior or old support order, making it unnecessary to have to have to file request in both courts as well as the state DOR. the reason being what if both parties moved outside the state altogether , it seems absurd to think they would have to file two separate actions in two different jurisdictions , because the second Judge doesn't have the legal authority to grant, issue, create a new court order to trump and , close and cancel and old order or existing order somewhere else, Please tell this is absurd... Thank you I look forward to your reply and tip...
Submitted: 1 year ago.
Category: Family Law
Expert:  originallawyer replied 1 year ago.
According to Florida state law, http://www.lawserver.com/law/state/florida/statutes/florida_statutes_61-515, the court that initially handed down the child custody order has continuing jurisdiction. Therefore, your soon to be ex either has filed improperly, or her attorney filed a motion to transfer the case to where the divorce is going to be taking place.

You can contest venue, by bringing evidence that another court has continuing jurisdiction over the children.

It is possible that the Judge in the divorce case could solely rule on divorce issues, if your ex is not asking for a change in support or custody modification.

To keep everybody from having to file in two different counties, I'd suggest filing a motion to transfer the custody case to the divorce case county, or vice versa, and then requesting that whatever court both cases ends up in consolidates the two cases.

That way, if you both move out of state later, all that will need to be transferred is one case.

Let me know if you have further questions.
originallawyer, Family Law Attorney
Category: Family Law
Satisfied Customers: 372
Experience: 6+ years of experience in divorce, custody battles and mediation.
originallawyer and 2 other Family Law Specialists are ready to help you
Customer: replied 1 year ago.

thank you, XXXXX XXXXX is understandable, and I was incorrect, however it also seems the last part of your answer also makes sense, and is close to what I just sent to her attorney, I basically stated I don't understand why if the current county could not do both , that she could have requested leave to file the divorce also within the county that had original jurisdiction over the old support order, despite the fact we now lived in a different county, this would have consolidated both cases and we wouldn't have to wait on the state DOR TO APPLY EITHER. The original judge could have done everything, Now because Ive complained so much , my wife has agreed to attempt to move forward on the divorce , and wait on the state and prior court to reply to whatever documents her attorney filed , She said her lawyer now told her that she can file some type of amendment asking to proceed on the divorce before the state or prior court replies, " however the judge may deny that request for dissolution of marriage until the judge is sure the child support is in forced etc... And if that happens, I am shit out of luck, and will have to wait for the State DOR, and The other court, which the clerks have told me the Judge might take up to 3 # XXXXX before the judge even makes any reply, and when the Judge does, the Judge might request a hearing to make sure both parties are infact in agreement to increase the support amount , despite sworn affidavits supplied with the request, ??? please whats your reply on this course of action etc... Thank you, XXXXX XXXXX ALSO STATED HER LAWYER WILL HAVE TO SEND ME SOME DOCUMENT TO SIGN ALSO , I PRESUME TO GET MY OK TO TRY AND MOVE FORWARD WITH THE DIVORCE WITH A ENFOREMNET ORDER IN PLACE...

Expert:  originallawyer replied 1 year ago.
I will say that I won't be surprised that a Judge would go through the motions of making sure that all parties are in agreement even with sworn affidavits. Sometimes Judges do this to cover their rears so that their ruling isn't appealable.

Before you sign anything, I'd take it to an attorney just to have them look over it and explain it to you.

Unfortunately, if the Judge refuses to grant the request to proceed with the divorce, there's not much you can do about how long it takes. Trust me, I know how frustrating it is in dealing with slow courts.

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