Legal Question in Family Law in Florida
I have to go before the General Magistrat in Tampa soon on an Ammended Petition to Modify the Final Judgment. This motion was never filed with the court or served on me. The only motion filed with the court was a Motion to Reduce Child Support. My question is, can his attorney argue the ammended petition or can I move to strike it when we go before the Magistrate?
3 Answers from Attorneys
You can try, but I think it will be argued and adressed, so be prepared to answer the issues.
An amended petition doesn't have to be served by a deputy or a process server, but it does have to be filed and at least mailed to you. But before the amended petition can be heard by the magistrate, the judge on the case has to agree that the original petition can be amended. So, you're correct, the amended petition can't be argued until there is a court order saying the amendment has been allowed. The magistrates in Tampa are pretty strict about that.
You can move to strike until the amended petition has been filed.
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