Motion for Ex Parte Order - Additions?

[gatorguy3]

Does anybody have anything legal they would add to the following order?


MOTION FOR EX PARTE ORDER REINSTATING DRIVER'S LICENSE

COMES NOW the defendant, JOHN DOE, and would move this Court to enter an ex parte Order reinstating the Defendant's driver's license and would show:

1. The parties appeared before General Master X on or about Month xx, xxxx.
2. At this hearing the Defendant, through counsel, informed the General Master that he had been notified that his driver's license was going to be suspended for non payment of child support.
3. The Plaintiff individually testified that she had not requested that the driver's license of the Defendant be suspended.
4. The Plaintiff's counsel, who had also been appointed by the court to represent the Department of Revenue, stated that she knew nothing about the suspension.
5. At this point the General Master and the parties agreed that the Department of Revenue was to take no action regarding suspension of Defendant's driver's license pending further hearings on the involvment of the Department of Revenue.
6. The defendant has recently discovered that, contrary to the directions of the General Master and the agreement of counsel for the Department of Revenue, the Department of Revenue suspended the Defendant's driver's license on or about Month xx, xxxx.
7. The Defendant requires his driver's license to have gainful employment and this supension, although contrary to the General Master's direction to counsel for the Department of Revenue and the agreement of counsel for the Department is working a great hardship on the Defendant.
8. Since counsel for the Plaintiff/Department of Revenue was present at the hearing where the General Master made this announcement, she should have no objection to an Order correcting an error on the part of the Department of Revenue.
9. The defendant has provided a copy of this Motion and Order to counsel for the Plaintiff/Department of Revenue.

WHEREFORE, the Defendant would move this court for an Order directing the Department of Revenue to Reinstate the Defendant's driver's license at no further cost to the Defendant.
__________________________________________________ _______________

Background.

The Department of Revenue has an attorney who represents my ex with regard to child support issues only. My ex has a private attorney, who filed an order to be recognized as "co-counsel" to the Department of Revenue, as well as being a private attorney to the divorce and custody issues of the case.

The Department of Revenue attorney was not present at the hearing mentioned in the above motion. The General Master was not sure of the Department's involvement in the case at that point.

I am actually going at this without the use of an attorney. So any advice would be greatly appreciated.

Furthermore, the hearing referenced took place at the end of 2004. My license was suspended less than a month following the hearing.

[gatorguy3]

Okay, many of you have read this thread, however, nobody has had any comments or suggestions. Below is a Notice I received in response to my motion. I really need some advice and information on what can and should be said at the hearing two weeks from today. PLEASE ADVISE!

IN THE CIRCUIT COURT, (number)
JUDICIAL CIRCUIT, IN AND FOR
( XXXXX COUNTY, FLORIDA)

CASE NO.: XXX XXXXX XXXX
DIVISION: XX

IN RE: THE MATTER OF
Jane A. Doe,
Petitioner,

and
John Alfred Doe,
Respondent.
_____________________/

NOTICE OF HEARING BEFORE CHILD SUPPORT HEARING OFFICER

To: Petitioner Petitioner's Attorney Respondent
Address Address Address

PLEASE TAKE NOTICE that on the "X" day of "month" at the hour of X:XX, Child Support Hearing Officer "XXXXXX X XXXXXX" will review the matter of the Respondent's Motion for Re-instatement of Driver's License at the (XXXXXX) County Courthouse, XXX W. XXXXX Street.

One Half Hour has been reserved for this hearing.
PLEASE GOVERN YOURSELF ACCORDINGLY.

If this matter has been resolved, moving party is advised to call XXX-XXX-XXXX immediately to cancel hearing. If you are represented by an attorney or plan to retain an attorney for this matter you should notify the attorney of this hearing.

You are hereby advised that in this Circuit electronic reporting is provided by the Court. A party may bring a court reporter at that party's expense.




_________________________________
XXXXXXX X XXXXXXX
Child Support Hearing Officer


I hereby certify that a copy of this Notice was mailed to the above named addressees this _____ day of Month, 2005.


_________________________________
XXXXXXXX X XXXXXXXXXXX
Assistant

__________________________________________________ _______________

Note: Both the Child Support Hearing Officer's and the Assistant's names were not signed on the line, rather, they were stamped.


Now, I sent this to the judge, not the hearing officer. I also asked that the hearing be Ex Parte.

How can I prepare for the hearing to represent myself? What questions and statements should I make to the court?

Can my ex's attorney request a Writ of Bodily Attachment during this hearing. How can I rebute that?

Because the Driver's License is the reason for the hearing, is there any way anything else can be brought up or added to the Docket of this hearing?

PLEASE ADVISE.

[gatorguy3]

More information:

The names of the GM and the Assistant are stamped on the lines, not signed...and there is a /S/ on the stamp as well. Can someone shed some light on this?

Also, should the hearing be in a "meeting style office room" or the court room and should it be private if in the court room?

Please advise.

[iamfreeru2]

Originally Posted by gatorguy3

Does anybody have anything legal they would add to the following order?


MOTION FOR EX PARTE ORDER REINSTATING DRIVER'S LICENSE

COMES NOW the defendant, JOHN DOE, and would move this Court to enter an ex parte Order reinstating the Defendant's driver's license and would show:

1. The parties appeared before General Master X on or about Month xx, xxxx.
2. At this hearing the Defendant, through counsel, informed the General Master that he had been notified that his driver's license was going to be suspended for non payment of child support.
3. The Plaintiff individually testified that she had not requested that the driver's license of the Defendant be suspended.
4. The Plaintiff's counsel, who had also been appointed by the court to represent the Department of Revenue, stated that she knew nothing about the suspension.
5. At this point the General Master and the parties agreed that the Department of Revenue was to take no action regarding suspension of Defendant's driver's license pending further hearings on the involvment of the Department of Revenue.
6. The defendant has recently discovered that, contrary to the directions of the General Master and the agreement of counsel for the Department of Revenue, the Department of Revenue suspended the Defendant's driver's license on or about Month xx, xxxx.
7. The Defendant requires his driver's license to have gainful employment and this supension, although contrary to the General Master's direction to counsel for the Department of Revenue and the agreement of counsel for the Department is working a great hardship on the Defendant.
8. Since counsel for the Plaintiff/Department of Revenue was present at the hearing where the General Master made this announcement, she should have no objection to an Order correcting an error on the part of the Department of Revenue.
9. The defendant has provided a copy of this Motion and Order to counsel for the Plaintiff/Department of Revenue.

WHEREFORE, the Defendant would move this court for an Order directing the Department of Revenue to Reinstate the Defendant's driver's license at no further cost to the Defendant.
__________________________________________________ _______________

Background.

The Department of Revenue has an attorney who represents my ex with regard to child support issues only. My ex has a private attorney, who filed an order to be recognized as "co-counsel" to the Department of Revenue, as well as being a private attorney to the divorce and custody issues of the case.

The Department of Revenue attorney was not present at the hearing mentioned in the above motion. The General Master was not sure of the Department's involvement in the case at that point.

I am actually going at this without the use of an attorney. So any advice would be greatly appreciated.

Furthermore, the hearing referenced took place at the end of 2004. My license was suspended less than a month following the hearing.

Do you have a transcript of what was said at this hearing? Did you have a court reporter there to record the hearing? If you did, then I would file a notice of filing with the court attaching the transcript evidencing what the Plaintiff said. That way when you go for the hearing you can bring this up to the court. Other than that I do not know what to tell you as I have no experience with such matters. It would seem that if you are not allowed to drive to work then how can you pay child support? If you had a marriage license this is why they are able to do this. You were not only married to your ex, but the State as well, thus giving them jurisdiction. You are in default of the contract if you have not "paid" child support. JMO

[gatorguy3]

"If you had a marriage license this is why they are able to do this. You were not only married to your ex, but the State as well, thus giving them jurisdiction. You are in default of the contract if you have not "paid" child support. JMO"

So am I correct to assume if I did not have a marriage contract and I didn't enter into a marriage agreement with my ex and the state...then I would not be held accountable for the support? I find that so far from the truth.

[gatorguy3]

Does anyone have any case cites which may help me in this hearing? I am certain opposing counsel will bring up child support and such. I have two weeks to prepare. I would like to be more than prepared.

[iamfreeru2]

Originally Posted by gatorguy3

"If you had a marriage license this is why they are able to do this. You were not only married to your ex, but the State as well, thus giving them jurisdiction. You are in default of the contract if you have not "paid" child support. JMO"

So am I correct to assume if I did not have a marriage contract and I didn't enter into a marriage agreement with my ex and the state...then I would not be held accountable for the support? I find that so far from the truth.

What I am saying is that the State should not have jurisdiction in the matter when it comes to child support or your kids. Child support is between you and your ex and the State has nothing to do with. It is a fact that when you get a marriage license the State is involved and becomes a party to the marriage and the guardian of your morals. Research it and see if what I am saying is not the truth. Everything we do is contract, whether it is marriage, driving, etc. You name it and it is under contract law. What needs to be done is to not enter into the contract in the first place. Also did I say anything about a marriage agreement? You can have a marriage agreement and not have a State issued license. Is not a State marriage license recorded? Since when is marriage against the law without a license. Who created marriage? Was it the State? Why do you think the State wants a license? You can believe what you want, but that does not negate the truth.

http://www.mercyseat.net/BROCHURES/marriagelicense.htm

[gatorguy3]

I am sorry that my statement gave the impression I didn't believe what you said. I do believe you. I know what is going on I just want to know how to get things going in the correct direction.

[iamfreeru2]

Originally Posted by gatorguy3

I am sorry that my statement gave the impression I didn't believe what you said. I do believe you. I know what is going on I just want to know how to get things going in the correct direction.

My heart goes out to you. I know where you are coming from. In 1986 my daughter was effectively taken from me. I fought for visitation with my daughter to only have the court deny it based on my faith. In the last almost twenty years I have had a total of 6 months with my daughter. She is 29 years old now and I have not even spoken to her in the last 12 years. I paid child support for eight years and could not see her.

I will say I have been blessed with another wife and daughter. YHWH has been good to me. I will pray you have clear direction and that you will prevail.

[gatorguy3]

no worries...just need information