Legal Question in Family Law in Florida

Who is it that determines whether or not a party is indigent? My ex had filed an appeal in April which he was granted indigent status even though he keeps being found in contempt for suppressing and lying about his income. Now he has just filed another appeal for a recent contempt and commitment order. He filed an application for indigency. However, at the contempt hearing in August he testified that he is working about 30 hours a week and earning about $50 an hour. Can I file an objection to his application for indegency and who do I file it with?


Asked on 9/07/09, 9:43 am

1 Answer from Attorneys
Brent Rose The Orsini & Rose Law Firm

Do you mean he filed for indigency on the appeal? All that means is that he doesn't have to pay the filing fee, so do you really care? It doesn't get him a free lawyer like in a criminal case. I guess it's nice of you to care about this state's pitiful treasury, but if you just want to see to it that this guy doesn't get away with anything, I'm not sure it's worth your time.

Anyway, if you want to object, you can. There's no form for it. Just make a pleading that looks like the other appellate pleadings (same wording at the top and all) and call it, "Objection to Appellant's Application for Indigency Status," and explain why you object.

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Answered on 9/07/09, 9:55 am


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