How JustAnswer Works:

  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.

Ask LegalKnowledge Your Own Question

LegalKnowledge
LegalKnowledge, Attorney
Category: Legal
Satisfied Customers: 15818
Experience:  7+ years handling Legal, Real Estate, Criminal Law, Family Law, Traffic matters.
Type Your Legal Question Here...
LegalKnowledge is online now
A new question is answered every 9 seconds

I live in the state of Florida. On my last hearing, the general

Customer Question

I live in the state of Florida. On my last hearing, the general magistrate changed the time-sharing schedule originally signed by the judge back in June 2011. There has been no changes in circumstances whatsoever. She also ordered me to attend therapy, because she did not like a letter a wrote to the father of my children when I simply stated how he has been behaving. I have been supporting my 3 children (9, 7, and, 5) for almost 3 years (their father was finally found in contempt for child support in March, 2013). I have all the documentation proving that my children have always been honor roll students, they received prefect attendance certificates throughout the school years. Also, I have always provided them with moral and financial support. In addition, I have always been the one making sure that they have health insurance and dental insurance. I need further advise on how to proceed with my objection. Unfortunately, I cannot afford an attorney and my children's father has 2. Please advise. Thank you.
Submitted: 11 months ago.
Category: Legal
Expert:  LegalKnowledge replied 11 months ago.
Hi! I will be the professional that will be helping you today. I look forward to providing you with information to help solve your problem.

Good evening. I certainly understand the situation and your concern. If a party disagrees with the report and recommendations by the GM, that party may serve “exceptions” (objections) to them. The party must serve these objections within 10 days of being served with the report and recommendation. It is important to timely file any exceptions— the failure to file exceptions on time will preclude further review of the report and recommendations. Furthermore, you have to explain your exceptions with specificity. Once the exceptions have been timely filed, the court may not enter the order or take action until after the hearing on the exceptions. Moreover, the hearing which took place should have been recorded, so a copy of the record should be obtained so you can site to it and reference it with your objections, showing error on the part of the GM. In this case, you want to show that there was no evidence presented by your ex, to support the modification of time sharing.

Please let me know if you have any follow up questions or need any clarification on something which I stated above, prior to rating me. Also, please remember to rate my service with 3, 4, or 5 faces/stars, before exiting the site, so I can receive credit for my help. I hope you found it to be Excellent! Only rate my answer when you are 100% satisfied. If you feel the need to click either of the two faces/stars on the left, please STOP and reply to me via the "REPLY TO EXPERT or CONTINUE CONVERSATION "button. I want to make sure your experience with the site was as pleasurable as possible and that you are satisfied with the help I provided.
Customer: replied 11 months ago.

Thank you for your fast response. I do want to add that the hearing was not recorded, therefore, I do not have a transcript of such hearing. Does not prevent me from filing the objection?. Also, do I file an Objection to Magistrate's Order/Report and recommendation or Motion to Set Aside?


 


Thank you.

Expert:  LegalKnowledge replied 11 months ago.
You would file the objection. Since the Judge has to sign the recommendation and impose/issue the order, there is nothing in place to set aside at this time. You should double check that the hearing was not recorded by the court, as there are something microphones placed in the room. Check with the clerk of court on Monday about this. Nonetheless, you should still object to it, so it is on the record and in the court file.
Customer: replied 11 months ago.

I have been told that GMs do not like these objections and sometimes it makes things worse.


I will, however, file it. As you said, that way "it is on the record". I have all the evidence I believe I need and also, as you said, the other party did not present any evidence. The GM got really upset about this letter, which makes no sense. I now know that they do not like these letters, but I was only stating facts such as that "he is requesting child support payments to be reduced" (when he was found in contempt, he owed $14,000). Also, I mentioned that he in one occasion, offered to pay $46 A MONTH for all 3 children. Her feedback was that I was still "not over" this situation and that "I needed therapy". I am not an attorney, but I find this totally absurd and needless to say, unfair. She has no evidence to ordered me to attend therapy, because "I concern her". I now you were not there, but this is unacceptable. I have been a responsible parent and my children's behavior and performance in school proves it. Please advise, if you can, if an objection would really go against me. I thank you.

Expert:  LegalKnowledge replied 11 months ago.
I certainly understand your concern but you have a legal right to object. If you take no action, the Judge is likely going to proceed and sign the recommendation and it will have legal effect. While the GM may not be happy, you need to act and protect your interest and not worry about what they will think about you. It is the same as if an attorney appealed a Judges decision or objected to the GM's decision.
LegalKnowledge, Attorney
Category: Legal
Satisfied Customers: 15818
Experience: 7+ years handling Legal, Real Estate, Criminal Law, Family Law, Traffic matters.
LegalKnowledge and 11 other Legal Specialists are ready to help you
Customer: replied 11 months ago.


You have been GREAT. Thank you for giving me a peace of mind. God bless you.

Expert:  LegalKnowledge replied 11 months ago.
You are welcome. Best of luck.

JustAnswer in the News:

 
 
 
Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.
 
 
 

What Customers are Saying:

 
 
 
  • Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises! Gary B. Edmond, OK
< Last | Next >
  • Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises! Gary B. Edmond, OK
  • My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer. Eric Redwood City, CA
  • I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight. Michael Wichita, KS
  • PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent. Three H. Houston, TX
  • Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!! Elaine Atlanta, GA
  • It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem. Tony Apopka, FL
  • Not only did he answer my Michigan divorce question but was also able to help me out with it, too. I have since won my legal case on this matter and thank you so much for it. Lee Michigan
 
 
 

Meet The Experts:

 
 
 
  • Tina

    Lawyer

    Satisfied Customers:

    8436
    JD, BBA Over 25 years legal and business experience.
< Last | Next >
  • http://ww2.justanswer.com/uploads/MU/multistatelaw/2011-11-27_173951_Tinaglamourshotworkglow102011.64x64.jpg Tina's Avatar

    Tina

    Lawyer

    Satisfied Customers:

    8436
    JD, BBA Over 25 years legal and business experience.
  • http://ww2.justanswer.com/uploads/RA/ratioscripta/2012-6-13_2955_foto3.64x64.jpg Ely's Avatar

    Ely

    Counselor at Law

    Satisfied Customers:

    19941
    Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
  • http://ww2.justanswer.com/uploads/FL/FLAandNYLawyer/2012-1-27_14349_3Fotolia25855429M.64x64.jpg FiveStarLaw's Avatar

    FiveStarLaw

    Attorney

    Satisfied Customers:

    8189
    25 years of experience helping people like you.
  • http://ww2.justanswer.com/uploads/jespoag/2008-12-17_222355_jessepic.jpg JPEsq's Avatar

    JPEsq

    Attorney

    Satisfied Customers:

    2132
    Experience as general attorney, in house counsel, SSDI, Family Law attorney, and law professor
  • http://ww2.justanswer.com/uploads/gsenmartin/2008-04-22_214950_me1.jpg Guillermo J. Senmartin, Esq.'s Avatar

    Guillermo J. Senmartin, Esq.

    Attorney

    Satisfied Customers:

    110
    7+ years of experience handling various legal matters.
  • http://ww2.justanswer.com/uploads/PA/PaulmoJD/2013-10-10_195858_JAImage.64x64.jpg Law Educator, Esq.'s Avatar

    Law Educator, Esq.

    Attorney

    Satisfied Customers:

    31621
    JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
  • http://ww2.justanswer.com/uploads/dkaplun/2009-05-17_173121_headshot_1_2.jpg Dimitry K., Esq.'s Avatar

    Dimitry K., Esq.

    Attorney

    Satisfied Customers:

    15975
    Multiple jurisdictions, specialize in business/contract disputes, estate creation and administration.