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Category: Family Law
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I was served a proposed child support order in the mail with

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Hi - I was served a proposed child support order in the mail with an issue date of March 23rd. I responded on the 20th day (postmarked April 11th ) and was told I'm denied an hearing because I didn't response in a timely matter. The proposed order never indicated that I was suppose to response based on calendar days versus business days can I still request that my case be heard by a Judge ?
JA: Because family law varies from place to place, can you tell me what state this is in?
Customer: Florida Daytona
JA: Has anything been filed or reported?
Customer: on my part no. Just responded to the order it is coming directly from the Florida Revenue department
JA: Anything else you want the lawyer to know before I connect you?
Customer: No Just want to know how can I appeal or request a fair hearing thank you

Hello! I will be reviewing your question and posting a response momentarily; if you have any follow up questions please respond here. Thanks!

I am sorry to hear this; under FL statute(###) ###-####the revenue department has authority to enter an administrative order for child support if the department renders services/subsidies on behalf of the child. If the parent does not respond the agency will enter the order and it will be binding.

Please see:

http://opinions.1dca.org/opinions2008/06-02-08/07-1596.pdf

Page 198 of the judicial benchbook deals with administrative orders; and page 199 deals with modification of orders; please see:

http://jud18.flcourts.org/gen_public/family/bin/ChildSupportBenchbook.pdf

An overview of the administrative process:

http://floridarevenue.com/dor/childsupport/pdf/cs905012.pdf

This case details how the circuit court cannot set aside an administrative order but they may prospectively modify that order; please see page 4 and 5:

http://www.dadelegalaid.org/wp-content/uploads/2013/02/Child-Support-Chamberlain-v-Mansala.pdf

Further questions? Please post here to continue the chat.

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Information provided is for educational purposes only. Consultation with a personal attorney is always recommended so your particular facts may be considered. Thank you and take care.

Customer: replied 3 months ago.
Thank you for the information. I did respond, the issue for me is that although the agency didn't receive my response on the 11th the letter was postmarked for the 20th day the same as they did once the order was issued. I didn't receive the notice until a week later not giving me enough time to consult with an attorney. How can I use this to advantage?

Unfortunately from that perspective the law provides a response must be mailed (postmarked) within 20 days from which the department's notice is postmarked; from an equitable perspective (where the judge is allowed to do what is "equitable" - ie just and right, versus requiring statutory authority) that can be taken into consideration and can be introduced to the court by filing a declaration with any motion.

Further questions? Please post here to continue the chat.

Satisfied? Kindly rate positively so I receive credit for assisting you. I hope that you feel I have earned

5 stars 🌟🌟🌟🌟🌟*****

as I strive to provide my customers with great service. ☺️

(no additional charges are incurred).

Information provided is for educational purposes only. Consultation with a personal attorney is always recommended so your particular facts may be considered. Thank you and take care.

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