Legal Question in Family Law in Florida

Child support was paid off 6 months early, case has been listed as closed since 10-2-15 (Court returns last 2 checks to Father for overpay). Clerks Office asks Mother on 10-2-15 to provide documentation ASAP that the child is still in school or the case is closed, Mother never responds. Mother responds with a Petition for Judicial Review to the Clerk 6 months and 4 days (4-6-16) later after the clerks letter stating she wants the funds until daughter is 18 even though it is paid off, and demands $3600 to be paid to the child's university of choice. Will the court accept a response 6 months later (or is there no time frame)? Should the Father be responding to this Petition for Judicial Review?


Asked on 4/19/16, 6:25 am

3 Answers from Attorneys

David Slater David P. Slater, Esq.

Yes, do not default. The case can always be reopened.

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Answered on 4/19/16, 7:41 am
Alan Wagner Wagner, McLaughlin & Whittemore P.A.

Yes -- the judge will look at the late response and you should respond or the court is likely to grant the request as unopposed. Do not delay.

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Answered on 4/19/16, 7:59 am
John Smitten Carey and Leisure

Respond asap

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Answered on 4/19/16, 7:31 pm


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