notice of delinquency

[jenjen]

state of florida

I became custodial parent of my children after the other parent and there spouse were found to have neglected the children and one charged with lewd and lasivious on the miner children.

years later  allegations of physical abuse by the teenage relative of above parent and step parent were made against me concerning my children.  the children were removed for about 3 months and returned after investigations etc..


state of florida dept of revenue on behalf of the aunt is making claim that my biological children were in care of aunt (on fathers side of family) for 1 year and seeking support, support order entered but, I had 10 days to contest. which i did contest.


 I and am now waiting for one more testimonial affidavit from my sister as to monies sent to childrens aunt  on fathers side of family for the benefit of and as a contribution to the support of the minor children, then i will set hearing date.


children were with aunt for about 3 months, not a year and according to fl statue contributions given to children or temp. custodian should be taken into account. aunt did not disclose the monies she recieved.


I just recieved a notice of delnquency and it states:


aunt
petitioner.

vs

bilogical custodial parent
respondent


whereas this ofice has been designated the ocal depository for court-ordered support payments:  and whereas the records of this office indicate that the order of support entered in the above referenced case requires respondent make scheduled support payments through this office and said payments now being delinquent fifteen (15) or more days in the amount of  xxx.xx, as of (date).

you are notified that pursuant to f.s.  61.14, payments which are thity (30) days delinquent will result in a final judgment by operation of law being enetered against you and recorded in the official records of blank county,  1111 blank street, city florida 1234

failure to make the above payments plus all amonts which hereafter become due, together with fees, plus costs of x.xx, will result in a judgement being entered.

peursuant to f.s. 61.14 this notice may be contested if , within 15 days from this notice you file a motion to contest, but only on grounds of mistake of fact whether a delinquency exists, the amount of delinquency, or the  identity of the obligor.

pursuant to F.S.  61.14 the local depository has the authority to release information regarding account delinquencies to credit reporting agencies.

signed by deputy clerk blah blah


question:

1. how do I stop this from becoming a judgement?

2. should i set a hearing date and hope the affidavit and cancelled     checks arrive in time?


3. should I file a motion to contest due to a hearing date not set and this matter not being heard?

4. if this was you what would you do?

thank you in advance

[socrateaser]

>question:
>
>1. how do I stop this from becoming a judgement?

Pay the bill.

>
>2. should i set a hearing date and hope the affidavit and
>cancelled     checks arrive in time?

Um, er, uh, me thinks you have made some rather large mistake. When you contest on one of these 10 day withholding orders, the court generally sets a hearing within 30 days, and you must appear to prove that the order is incorrect. Failure to do so confirms the order by operation of law.

So, unless you have expressly received a continuance from the court, then I'm betting that the order is confirmed, and you are toast.

I don't know how you managed to not get a hearing, but whatever you did, it appears to have failed to get the court's attention.

>3. should I file a motion to contest due to a hearing date not
>set and this matter not being heard?

If you requested a hearing by the appropriate means and you did not receive a hearing, then you must move to set aside the existing order on grounds that you never received the required due process.

>
>4. if this was you what would you do?

What I would do is irrelevant. I can afford to absorb a few thousand bucks of trouble and not have my sleep interrupted.

Something has gone wrong with your case. I don't know what it is, because I don't have enough facts.

When did you contest the order, and why didn't you get a hearing?

[jenjen]

I went to the clerk of court and was told that the court did not set a hearing date  and they do have my motion however that I had to schedule a hearing date. all i have to do is request a hearing according to them


spoke to clerk and I do have to set a hearing date for my motion to contest child support order and i have to file another motion to contest this judgement as well.

the length of time children were in aunts care is not correct and the monies sent for the childrens support was never disclosed and considered in the calculation of support

question:
1.  how should i word my motion to contest this judgement there trying to impose on me?

[socrateaser]

>I went to the clerk of court and was told that the court did
>not set a hearing date  and they do have my motion however
>that I had to schedule a hearing date. all i have to do is
>request a hearing according to them
>
>
>spoke to clerk and I do have to set a hearing date for my
>motion to contest child support order and i have to file
>another motion to contest this judgement as well.
>
>the length of time children were in aunts care is not correct
>and the monies sent for the childrens support was never
>disclosed and considered in the calculation of support
>
>question:
>1.  how should i word my motion to contest this judgement
>there trying to impose on me?

If you set a hearing on the current motion, then you don't need to object to their attempt to obtain a judgment, because if you defeat the underlying order, then the judgment for arrears will be without any force or effect.

However, I think you've already probably blown the statute of limitations on that hearing, but I guess you'll find out at the hearing, if your opponent successful objects to your contest as being time barred. In which case, you will have no defense against the judgment of arrears.