Legal Question in Family Law in Florida
Family Law
My Son's Father has hand delivered a Petition for Modification of Child Support. I guess he intends to be a ''Pro Se Litigant''. I currently have been working with the Department of Revenue in regards to just getting him to pay them as oppossed to me which is stated in the Current Child Support Order by the State of Florida. HE hasn't paid anything and recently we both refceived a letter from the Dept.Of Revenue stating he is to start making payments directly to them. I am assumming this is why he has filed the Petition for Modification. He hasn't paid any child support in months. My questions is. Do I have to respond to his Hand Delivered Petition. He has filed it with the court but there hasn't been a proper summons. I wasn't really sure if legally I am even entitled to respond since proper service wasn't performed.
1 Answer from Attorneys
Re: Family Law
NOTE: This communication is not intended as and should not be interpreted as legal advice. Rather, it is intended solely as a general discussion of legal principles. You should not rely on or take action based on this communication without first presenting ALL relevant details to a competent attorney in your jurisdiction and then receiving the attorney's individualized advice for you. By reading the "Response" to your question or comment, you agree that the opinion expressed is not intended to, nor does it, create any attorney-client relationship, nor does it constitute legal advice to any person reviewing such information, nor will it be considered an attorney-client privileged communication. If you do not agree, then stop right here, and do not read any further.
If you are represented by the State or an attorney in this matter, turn this over to them and let them respond. If not, you should never ignore a pleading. Hand delivery to you may be found to be proper under the circumstances and a response should be filed objecting to the husband's motion. If you fail to respond, the court may grant his motion based on the lack of any objection.
Frankly, this is a very serious motion as it will determine or may affect the amount of child support you will be entitled to receive until the child reaches the age of majority. If you can afford an attorney, you should hire one now if you are not represented.
Scott R. Jay, Esq.