Legal Question in Family Law in Florida

Is a notice of hearing required

Can a hearing be held without a Notice of Hearing being issued to all parties involved in the case? I filed (pro-se) a Motion to Modify Child Support and to release to me the $6,000+ that was being held but the hearing was held without me or my ex being notified and the money was released to my ex. The only parties present at the hearing were the Department of Revenue Attorney, the Case Worker and the Child Support Hearing Officer. No one else was notified and I�m the one that requested the hearing. I found out about the hearing almost two months later when the Clerk of Court went and pulled the file and found a yellow sticky note that said hearing held 6/28/08, then I had to do my own research to find out what happened at the hearing that I requested. This is a complex child support case that spans many years and I plan on suing the DOR, they have put the screws to me far too many times for way too long and this was the final straw for me, but I just want to know what the law says about requiring a Notice of Hearing being issued before a hearing is held. Any advice would be greatly appreciated. THANKS!!


Asked on 5/20/08, 4:30 pm

1 Answer from Attorneys
Robert Simpson

Re: Is a notice of hearing required

If you filed the Motion, you should have been the one to get a date & time for the hrg from the judge's office and then filled in the Notice of Hrg and sent it out to all parties.

You need to find out who set the 6/28/08 hrg. And then find out who send out the notice. All should be found in the Clerk's file.

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Answered on 5/21/08, 10:30 am


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