Florida Motion To Contest Impending Judgment

State:
Florida
Control #:
FL-SKU-1150
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PDF
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Motion To Contest Impending Judgment

Florida Motion To Contest Impending Judgment is a legal document filed with the court by a defendant to contest a judgment that is about to be entered against them. This motion is usually filed when the defendant believes that the court has made a mistake or that the judgment is not fair. The motion is used to request that the court reconsider the issue before entering a final judgment against the defendant. There are two types of Florida Motion To Contest Impending Judgment: Motion to Set Aside Default Judgment and Motion to Vacate Judgment. Motion to Set Aside Default Judgment is used when the defendant believes that the court entered a default judgment against them without proper notice or due process. Motion to Vacate Judgment is used when the defendant believes that the court entered a judgment against them without proper legal grounds.

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FAQ

If your particular situation does not allow you to simply stop paying child support when your child reaches the age of 18, you must file a Supplemental Petition to Modify or Terminate Child Support in the same court your original child support order was entered, using your original case number.

Both parents may agree to the request to terminate child support and must sign the motion in the presence of a notary. However, if one parent has not agreed to the request, the court must hold a hearing to terminate support.

Either parent can file their own petition in circuit court to change (modify) a support order. You can hire a lawyer of your choosing or file your own petition and represent yourself. Other resources you may find helpful include: Florida Courts Self-Help Page for Child Support.

Parents must specifically request a a deviation from child support guidelines via a motion. If you have a pending divorce case, you would file a motion with the court to request that child support consider other reasons why the support should be higher or lower..

When does child support stop? Normally, child support ends when the child turns 18. However, the support can be extended until the child turns 19, if the child is still in high school. Additionally, if there are special needs for the child, support may be extended past 19 years of age.

Parents can also file a petition in circuit court to change their support order. First, the parent making the request gives their financial and other information to the Child Support Program for review. Once this information is received, the Program contacts the other parent to obtain their information.

Call the Child Support Enforcement office at 1-800-622-5437 and ask them to schedule a hearing on your motion (child support issues only). If you do not receive a hearing date within 30 days, call the Attorney General's office at 727-825-7600 and ask them to schedule a hearing on your motion.

Appeals from child support orders are routinely handled by Florida Divorce & Child Custody Appeal Lawyers. These appeals take place both at the district court of appeal level and, in post judgment matters, at the trial court level.

More info

I understand that pursuant to Florida Statutes, Section 61. 1. Take the original set of completed and signed forms (with Notice of Delinquency attached) to the clerk on the 1st floor of the main courthouse.You must file your Motion to Contest within fifteen (15) days from the date of the Notice. Follow the directions to be sure you complete the form properly. The Obligor, pursuant to Section 61. 14(6)(c), F. S., makes this Motion to Contest the. The grounds upon w hich the Obligor contests the impending judgment are as follow s: (check one or more) 1. Delinquency to file with the Clerk of Court a MOTION (Form B) to contest the impending judgment. This form is used if you want to contest a Notice of Impending Entry of Judgmentfor Delinquent Support Payment(s) regarding child support or alimony.3. (d) The court shall hear the obligor's motion to contest the impending judgment within 15 days after the date of filing of the motion.

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Florida Motion To Contest Impending Judgment