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I recently recieved a notification from my county clerks office infoming me that they were going to suspend my license due to failure to pay a filing fee. My problem is this, I was told by the clerks office that if there was already a case begun about my visitation by the other party, I would not be able to file a visitation request, thus not get charged a filing fee. I signed a contract for a payment plan to the clerks office on the day that I delivered the necessary paperwork to the office. I was very distraught that my sons' mother had taken him from my home to another state informing me days later that I would not see him again. I was directed to a advocate that helps people without lawyers and she told me that if I wanted to find my son and receive legal visitation rights that I needed to file this paperwork. The case had already begun by the other party, and days later child support and visitation was granted. How can I get these fees dismissed?

Submitted: 206 days and 6 hours ago.
Category: Legal
Value: $15
Status: AWAITING CUSTOMER ACTION
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Optional Information

Saint Augustine, Florida

Already Tried:
I have not tried anything. They informed me about these charges that I was told two years ago I did not have to pay, a couple of days ago. They will suspend my license in a few days if this is not paid. When I delivered the paperwork the clerk should have seen that this case was to be heard in the coming days, thus not allowing me to deliver the paperwork. I needed to find my son and they told me that this was the only way. Now they are telling me that I'm out of luck, that I could ask the judge that presided over the case to dismiss the charge, but that I will be charged another filing fee for the judge to hear the case.

Answer

Hi and thanks for using Just Answer
Sorry to hear about your situation.
Now, in Family Court in various jurisdictions, Child Support and Custoy and visitation are usually while heard together are listed under separate dockets, hence the necessity to file another fee. In your case, depending upon how much of a fee you are disputing it might be advantageous to file another petition to have the Judge hear your case to dismiss the charge. However, it may be more costly to go that route. The clerk of the court are normally not allowed and have no discretion to waive or forgive a fee this would have to be taken up with the Judge.   If you are unsure as to what the best course of action, I would suggest that you contact a local attorney to discuss the terms of your case and maybe he/she will be able to assist you further.

Hope this helps
Have a great evening
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Expert: NewYorkLaw101
Pos. Feedback: 92.6 %
Accepts: 
Answered: 4/29/2009

Attorney

10 years civil litigation, no-fault, personal injury, premise liability and municipality law

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