once again hearing held w/out my knowing

[jenjen]

state of florida

I petitioned the court for a hearing concerning past due child support,
motion was filed to set aside order cause obligee is a legal strnger to me and my children who i have custody of.

this was filed 5 months ago, just recieved court orders from dept of revenue that a hearing was held and my petition was denied, frankly due to the fact i didnt show up for the hearing as i was unawre of it.

the papers state that i can file a motion to vacate this order in 10 days.

question.

1. how can I get this hearing scheduled again to prove my case?

2. is it likely a hearing officer would reconsider and alllow me to present my case?

. can I file a motion to vacate based on the fact that i was not notified of this hearing?

3. any suggestions?

thank you

[socrateaser]

>question.
>
>1. how can I get this hearing scheduled again to prove my
>case?

file a motion to vacate with the court where the action was held within 10 days, on grounds that you never received notice of the prior hearing. If there's no affidavit of service on you in the file, then the court should set aside the prior order and you will be able to plead your case before the court enters a new order. Your pleading to set aside, should address the facts which would cause the court to enter a different order -- otherwise if the order is correct as entered, then the fact that you weren't at the hearing is irrelevant.

>
>2. is it likely a hearing officer would reconsider and alllow
>me to present my case?

See above.

>
>. can I file a motion to vacate based on the fact that i was
>not notified of this hearing?

See above.

>
>3. any suggestions?

Hire a lawyer.