Florida Department Of Revenue / child support upward modification - september 30, 2016 - november 20, 2018
Case No. 2000 DR 3646 -- Severe Anxiety and Depression due to the handling of my case. I'm filing this complaint today because it's the 1st opportunity I've had to where I feel well enough to revisit what transpired within this 2 year period.
Request for upward modification filed 9/30/2016 due to loss of Job. DOR determined that an upward modification was warranted to the amount of $511.86. Respondent did not accept the notice of upward modification, therefore DOR proceeded with filing Motion for Upward Mod through LC Court (4/30/2017) as per assigned attorney. I had limited to No communication from DOR as to Status.
While awaiting hearing, Time Sharing became a topic for Respondent; therefore, Mediation was required for Parties. Parties did not come to a resolution.
Finally I received a Notice of hearing for the Upward Modification set for 1/3/18. At hearing, opposing counsel immediately stated that case needed to be Continued due to Respondent's filing for Time-Sharing (12/20/2017). OAG's office agreed without consulting me. Keep in mind... The Respondent did not file a request for time-sharing until a year+ later. I was in disbelief that it took so long to get a hearing for it to be postponed without any discussion. Meanwhile as the provider for this child, I'm still anxiously awaiting some resolve. I objected and informed the H.O. of my concerns & how long it took just to proceed to Hearing. The H.O. agreed that it was very strange for this request to take so long. He advised both Counsels that he was to hear the case back in his courtroom within 30 days. Needless to say that didn't happen. Of course i'm still reaching out to whomever would listen to give me an update as to how we were to proceed. No information given.
Months later, case was referred to Magistrate Amanda Wall. Hearing set for 9/12/2018. The Notice of Hearing reflected that the Motion for Upward Modification was filed July 2018. This alarmed me immediately and I began reaching out to DOR. No one seemed to have answers as to why the Notice of Hearing was reflecting this date in lieu of April 2017.
At hearing Magistrate Wall acknowledged that Child would be turning 18 and Court would not have jurisdiction on Time-share. Respondent withdrew his Petition for Timeshare. Magistrate Wall made parties aware that it was her Assistant's finding that the Motion for Upward Modification was Never docketed until July 30, 2018.
Magistrate Wall advised that Counsel would be given an opportunity to file Memorandums of Law on this issue and present arguments at the reset of this matter.
In anticipation of next hearing, I was reaching out to DOR for any information I could receive regarding how they were going to proceed on my behalf and the status of Order for Upward modification, which had not been filed; therefore, child support ceased as of October 2018. DOR advised they were awaiting Order from Judge. Clerk's Office advised that OAG's office had not filed an Order for the Judge's approval/signature.
Received Notice of Hearing on the reserved issues of retroactive modified child support amount and the date of modification, set for 11/14/2018.
At Hearing held 11/14/2018, Magistrate Wall gave a summary of what transpired at previous hearing. She advised that she was still awaiting the Order from OAG to enforce upward modification. Attorney Joshua Soileau advised that he did not know why she didn't have it. He said he was told it was filed on Friday 11/9/18. Magistrate Wall left her bench and went back to her office. She came back to say that the filing was received on the Friday 11/9/18 before the holiday, but after 4pm. She previewed the Order on the spot, because she said she did not have the opportunity todo so before hand. She stated that she was unclear as to what the Order was stating and that she would have to re-write it. She further clarified that the Order that was suppose to take effect 10/1/2018, but due to untimely filing, it would not take effect until 12/1/2018.
She soon moved on the dispute of filing date which was April 2017 or July 2018.
She advised OAG Office that they did not file Memorandums of Law to support the filing date of April 2017 & asked why. Counsel Soileau advised that he could not answer that question. She advised that Respondent's Counsel did file Memorandums of Law to support their argument.
Magistrate Wall addressed me with an apology that she has no other recourse but to rule in favor of Respondent due to OAG not filing Memorandum of Law to support filing date of April 2017.
With all of this being said, due to the lack of representation from DOR/OAG, Respondent was not held accountable for purposefully delaying proceedings, which resulted in him not paying approximately 15 additional months of retroactive child support.
DOR failed my daughter and I. I am requesting that DOR right it's wrong and repetition the court for Justice!
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