Legal Question in Family Law in Florida
My ex-husband filed an exemption/challenged the magistrate recommendations after his 10 days of allotted time to do this. He is claiming that he never received the notice in the mail within the 10 days, but after. I know he did, because he called me about it. Also, his only claim against the recommendations is that the ruling was unfair, and that he should not be responsible for paying anything since it was my debt all alone. He has to pay me � of the debts we accrued during our marriage (all under my name, he didn�t have any credit), but he didn�t provide factual evidence or information. What are the chances that the magistrate listens to his claims and allows for the case to go to the judge for a hearing?
1 Answer from Attorneys
Judges are pretty sympathetic when people claim that they didn't receive a notice in the mail. Judges would usually extend the 10 days for a few extra days, but not much more than that. Judges, however, are usually not very likely to overturn a magistrate's decision. You'll have to speak with the family law attorney to learn more about the odds of your case being overturned, however.
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