Family Law (Divorce, Family Relations)/Mtn for Rehearing or Reconsideration of Judgment on Child Support Modification
QUESTION: In May of 2013, my ex-husband and I appeared in court for a hearing on his Petition for Modification of Child Support. He is self-employed and both parties submitted a their Financial Affidavits as well as Child Support Guidelines Sheet. I filed a Cert of Mandatory Compliance and provided copies of 2010, 2011 & 2012 Income Taxes along with a copy of the Final Judgment of Dissolution. I did not receive copies of any income tax forms from him (while in court he provided his 2012 tax for the judge's review). This is a man that is lying about his income. Claiming loss of "accounts" but his Profit & Loss Statement (Jan to Oct 2012 only, not complete) states income of $81915.00. His financial aff't states a monthly income of $2386.00 with a lot of discrepancies between the P&L Statement and the affidavit. I didn't mean to make this such a long explanation. He was ordered to pay child support of $700 monthly. The Judge who presided over the modification hearing recalculated and I have received an Order stating that now he will be paying $41 biweekly. That's a travesty. I object to the findings. What can I do? and is a Motion for rehearing or reconsideration proper? I've searched for a sample and can not find one.
ANSWER: Hi Betsy, I'm sorry but the procedural rules for each state vary by state and I am only familiar with Florida's rules. You should immediately seek the advice of a family law attorny from your jurisdiction and do so as soon as possible your ability to appeal and/or request a rehearing is very time limited.
I hope this information was helpful to you, if it was, please do me the courtesy of rating it. Please be aware and advised that this public forum is designed to provide only general information, to give you a basis of legal knowledge. This public forum does not give you attorney-client privilege. You and I have not entered into an attorney-client relationship. I am not responsible for your legal rights and this answer is based solely on the information you have provided in your question and as always, I would advise that you arrange for an in person consultation with an attorney from my firm or another Family Law attorney familiar with Florida Family Law who can analyze the specific facts and circumstances of your case more closely to better advise you. Additional information may be obtained on our web site listed below.
Daniel Bachert, Esq.
The Bachert Law Firm, P.A.
330 Clematis Street, Suite 222
West Palm Beach, Florida 33401
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QUESTION: We both live in Florida. It so happens that today is the deadline for me to file anything in terms of appealing this outcome. I did consult with an attorney friend and was advised I could file a motion for rehearing or reconsideration? If filed and granted, can I follow up with a motion to inpute income? What would be involved in doing so?
ANSWER: If your Motion for rehearing is granted you will have the opportunity to present any additional motion or evidence.
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QUESTION: Hello, again. The Motion for Rehearing was filed today (6-17-13). If I am granted a rehearing, at that point, can I ask for some kind of deadline for discovery to take place besides filing a motion to inpute income? I may have to seek counsel to represent me as to the motion to inpute income because I don't think I could draft that on my own.
Whether you are seeking Mandatory disclosure or a response to your request to produce you must first file a motion to compel the discovery and then a motion for contempt regarding the discovery if he does not comply with the motion to compel. At the Motion for contempt you can request that the court impute income based upon based upon the US Census for average median wage in your county. If you want income imputed to some other amount you will need to produce evidence as to that income a procedure which is to lengthy to go into in a forum such as this.