Legal Question in Family Law in Florida

Proper procedure - Answering Motion, Counter-Petition, etc.

I have attempted to resolve an error in the child support calculation directly with my ex (as called for in our dissolution). We had recalculated the amount previously when I changed jobs and I had paid the new amount faithfully. I notified her of the error and requested income information to re-work the numbers. She refused to provide the info, so i reverted back to the original court ordered amount and notified her that I would pay the balance upon receipt of her information and our completing the recalculation.

I received a order of referral to a GM and they set a hearing. Motion on the hearing notice was for Modification of Support. Document referenced was never filed or served (doesn't exist).

Weeks later, she has now filed a Motion for Contempt. She didn't file the correct docs originally, so it's a mystery how the hearing was set without any motion or petition..

There are other issues that need to be addressed and I'd like to bring those forward (contempt issues against her as well as changes to the parenting plan to address long distance visitation rather than local). I would welcome the court's intervention to resolve the support recalc/modification, so I'm not contesting that part..yet..

Questions:

Should I just ignore the procedural issues and address the motion for contempt filed after the fact?

Do I submit an Answer to the Motion for Contempt alone?

Do I submit a separate Counter-Petition for Modification of Support?

Do I submit a separate Motion for Contempt?

Do I submit a separate Petition for Modification of Parenting Plan?

Or,

Is it more acceptable to bundle all of the greivances into one petition?

I have all the information, I just want to proceed in a manner that follows proper procedure.

1 Answer from Attorneys

Related Questions & Answers

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

Looking for something else?