Legal Question in Family Law in Florida

i had a hearing for child support, i didn't get there but my mother did and was the petitioner they were suppose to call me cause the car had broke down (my dads) and the hearing was 2 hrs away they told my mom that everything would remain the same that i wouldn't have to pay anything well than i get papers in the mail and they are telling me that i have to pay 180.00 a month and 20$ back anyway there is a thing in here about motion to vacate??? i live in Lake co. fl and my son and mother live in brevard co. do i have to file in brevard and how do i do this. I only have 10 days to do this.


Asked on 9/16/09, 1:39 pm

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

First, never go to court without a lawyer. The lawyer would have been there and made some excuse for you (it's what we do) and, if the lawyer wasn't there, you could have screamed bloody murder about your lawyer not being there.

Secondly, for Heaven's sake, BE EARLY TO COURT! And don't give me crap about how you left two hours early and had a breakdown. I'm not saying you're lying, but do you know how often judges hear that? Even if you're telling the truth, there's no chance the judge will believe you because they hear it too often.

Lastly, file your motion to vacate in the county where the hearing occurred. You'll probably lose your motion to vacate because judges get tired of hearing how the car broke down, there was a wreck, you went to the hospital, etc., but it's worth a try.

Read more
Answered on 9/16/09, 4:24 pm


Related Questions & Answers

More Family Law, Divorce, Child Custody and Adoption questions and answers in Florida