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  1. #1
    Join Date
    Apr 2009
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    Default What to Do on a Motion to Vacate and Objection to Final Judgment

    My question involves child support in the State of: FL


    I was wondering if anybody knows what you have to do when the other party files a Motion to Vacate and Objection to Final Judgment on report and recommendation of the Hearing Officer?

    What happened was we went to court for a Modification of Child Support. CSE (Child Support Enforcement) took NCP back because of a HUGE increase in income (almost $10 an hour more). Hearing Officer heard case and set Child Support to guide lines and a Final Judgment was entered. The Hearing Officer was actually a little lenient and went a little below guide line because of the outrage.

    NCP WAS NOT HAPPY WITH THE AMOUNT set and has now hired an attorney and this attorney has filed this. All the paper says is "hereby files Motion to Vacate and Objection to the Final Jugment on Report and Recommendations of the Hearing Officer. That's it, no reason why or anything. Is this something that has to be answered?

    Any information would be useful. Thanks

  2. #2
    Join Date
    Jul 2006
    Location
    Florida
    Posts
    2,772

    Default Re: What to Do on a Motion to Vacate and Objection to Final Judgment

    Quote Quoting browne74
    View Post
    My question involves child support in the State of: FL


    I was wondering if anybody knows what you have to do when the other party files a Motion to Vacate and Objection to Final Judgment on report and recommendation of the Hearing Officer?

    What happened was we went to court for a Modification of Child Support. CSE (Child Support Enforcement) took NCP back because of a HUGE increase in income (almost $10 an hour more). Hearing Officer heard case and set Child Support to guide lines and a Final Judgment was entered. The Hearing Officer was actually a little lenient and went a little below guide line because of the outrage.

    NCP WAS NOT HAPPY WITH THE AMOUNT set and has now hired an attorney and this attorney has filed this. All the paper says is "hereby files Motion to Vacate and Objection to the Final Jugment on Report and Recommendations of the Hearing Officer. That's it, no reason why or anything. Is this something that has to be answered?

    Any information would be useful. Thanks
    You need to make sure that the DOR CSE caseworker is aware of the filing of the motion. They will in turn, turn the issue over to the attorney that represents the DOR.

    Motions of this kind have very strict and rather complicated rules, the attorney for the DOR will know exactly what needs to be done, and will file a response. This is a situation where having the CSE handle it is really best. Your part will be mainly to make sure that the CSE is informed and is doing thier job.

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