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

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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.
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.

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Customer: replied 4 years 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.

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 4 years 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.

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.
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Customer: replied 4 years ago.

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

You are welcome. Best of luck.

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