Florida - Florida - Florida

[gatorguy3]

Here is the body of an order I just received. Let me say that I requested the judge get involved in this case. As you all may know, a family case has a judge, general master, and a hearing officer. The judge is typically only used for the dissolution portion of the case. I sent a motion recently asking that the judge hear the child support side of the case. Do I have that right? Why does the judge pass the buck? If a hearing officer oversees the hearing, he/she must send the recommendation to the judge for approval/disapproval...Does anyone have any information regarding case law or otherwise that might force the judge to hear the case instead of the hearing officer?

ORDER OF REFERRAL TO CHILD SUPPORT ENFORCEMENT HEARING OFFICER

IT APPEARING TO THE COURT that the pending issues in this cause are limited solely to the esablishment, enforcement, or modification of child support, it is,

1. This cause is hereby referred to the Child Support Enforcement hearing officer pursuant to Rule 1.491, Florida Family Law Rules of Procedure and Administrative Order No. VL-FM-96-013 for hearing and disposition of all pending matters regarding the establishment, enforcement, or modification of child support. Attorneys for the parties, or the parties if either is not represented by an attorney, shall call the office of the Hearing Officer at XXX-XXX-XXXX to schedule the hearing. The Hearing Officer shall then assign a time for the proceedings as soon as reasonably possible after this referral and give notice to each of the parties either directly or by directing counsel to file and serve a notice of hearing.

2. The general powers and duties of the Hearing Officer shall be governed by Rule 12.491(e), Fla.Fam.L.R.P.

3. Record. You are advised that, in this circuit, electronic recording is provided by the court. A party may provide a court reporter at that party's expense.

4. Relief from Order. Any party affected by the Order of the Hearing Officer may move to vacate the Order by filing a Motion to Vacate Order within 10 days from the date of its entry. The procedure shall be governed by Rule 12.491(f), and the record shall be governed by Rule 12.491(h), Fla.Fam.L.R.P. The moving party must call the Judicial Assistant to schedule a hearing on the party's Motion to Vacate and the moving party shall be responsible for serving a copy of the Motion and Notice of Hearing on the opposing party or that party's counsel.

5. If applicable, the Order Setting Non-Jury Trial and Directing Pre-Trial Comlpliance previously filed in this matter is heareby vacated.

THIS MATTER HAS BEEN REFERRED PURSUANT TO RULE 12.491, FLA.FAM.L.R.P., AND THE PARTIES DO NOT HAVE RIGHT TO OBJECT UNDER THIS RULE.

~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~

I am not sure what the significance of #5 is. If anyone could help, I would appreciate the help.

Any other advice would be appreciated as well.

thanks.

[idknow]

the original order referred to in point five must have referenced a rule of family civil procedure, look for the text of the rule to understand the fifth point.

your brother in christ idknow

Originally Posted by gatorguy3

Here is the body of an order I just received. Let me say that I requested the judge get involved in this case. As you all may know, a family case has a judge, general master, and a hearing officer. The judge is typically only used for the dissolution portion of the case. I sent a motion recently asking that the judge hear the child support side of the case. Do I have that right? Why does the judge pass the buck? If a hearing officer oversees the hearing, he/she must send the recommendation to the judge for approval/disapproval...Does anyone have any information regarding case law or otherwise that might force the judge to hear the case instead of the hearing officer?

ORDER OF REFERRAL TO CHILD SUPPORT ENFORCEMENT HEARING OFFICER

IT APPEARING TO THE COURT that the pending issues in this cause are limited solely to the esablishment, enforcement, or modification of child support, it is,

1. This cause is hereby referred to the Child Support Enforcement hearing officer pursuant to Rule 1.491, Florida Family Law Rules of Procedure and Administrative Order No. VL-FM-96-013 for hearing and disposition of all pending matters regarding the establishment, enforcement, or modification of child support. Attorneys for the parties, or the parties if either is not represented by an attorney, shall call the office of the Hearing Officer at XXX-XXX-XXXX to schedule the hearing. The Hearing Officer shall then assign a time for the proceedings as soon as reasonably possible after this referral and give notice to each of the parties either directly or by directing counsel to file and serve a notice of hearing.

2. The general powers and duties of the Hearing Officer shall be governed by Rule 12.491(e), Fla.Fam.L.R.P.

3. Record. You are advised that, in this circuit, electronic recording is provided by the court. A party may provide a court reporter at that party's expense.

4. Relief from Order. Any party affected by the Order of the Hearing Officer may move to vacate the Order by filing a Motion to Vacate Order within 10 days from the date of its entry. The procedure shall be governed by Rule 12.491(f), and the record shall be governed by Rule 12.491(h), Fla.Fam.L.R.P. The moving party must call the Judicial Assistant to schedule a hearing on the party's Motion to Vacate and the moving party shall be responsible for serving a copy of the Motion and Notice of Hearing on the opposing party or that party's counsel.

5. If applicable, the Order Setting Non-Jury Trial and Directing Pre-Trial Comlpliance previously filed in this matter is heareby vacated.

THIS MATTER HAS BEEN REFERRED PURSUANT TO RULE 12.491, FLA.FAM.L.R.P., AND THE PARTIES DO NOT HAVE RIGHT TO OBJECT UNDER THIS RULE.

~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~

I am not sure what the significance of #5 is. If anyone could help, I would appreciate the help.

Any other advice would be appreciated as well.

thanks.

[gatorguy3]

I know it states "if applicable" so maybe it is just entered as a "just in case" type situation. I'm not sure. Thanks for the reply.

[gatorguy3]

Here is the reply I just received from the hearing officer on her referral and the judges acceptance of her terms:

IN THE CIRCUIT COURT, _________ JUDICIAL CIRCUIT,
IN AND FOR ______________ COUNTY, FLORIDA

IN RE: THE MATTER OF CASE NO:
State of Florida, Department of FAMILY DIVISION:
Revenue, o/b/o
Jane Doe,
Petitioner,
and

John D. Doe,
Respondent.
RECOMMENDED ORDER ON:
________________________/ RESPONDENT’S MOTION TO CONTEST
INCOME DEDUCTION ORDER AND
MOTION TO VACATE SAME

THIS CAUSE came on to be administratively reviewed by the undersigned hearing officer upon Order of Referral entered (Date).

Upon review of the pleadings filed in this action, the Hearing Officer FINDS as follows:

1) Respondent has filed a Motion to Contest income Deduction Order and Motion to Vacate Same that has been referred to this hearing officer by Order entered (date).
2) Said Motion has set forth allegations in support of his prayer for this court to vacate all income deduction orders based on orders of support properly entered by this Court. Most, if not all, allegations set forth in said Motion are objections to this Court’s imputation of income to Respondent reaching his support obligation. Said allegations have previously been set forth in prior pleadings that have been denied by this Court. Respondent has failed to set forth any legally sufficient ground for this Court’s income deduction order to be vacated.
3) The Income Deduction Order was appropriately entered, and should remain in effect for enforcement of this Court’s order(s) setting forth Respondent’s child support obligations.

It is therefore RECOMMENDED:

1) Respondents motion to Contest Income Deduction Order and Motion to Vaczate Same be DENIED.

In view of the above, the Hearing Officer herein recommends entry of this order.


ORDER ON RECOMMENDED ORDER ON:
RULING ON RESPONDENT’S MOTION TO CONTEST INCOME DEDUCTION ORDER AND MOTION TO VACATE SAME

THIS CAUSE came on to be heard upon the Recommended Order of the Hearing Officer, and the undersigned having considered the findings and recommendations there, and being advised in the premises,

It is ORDERED and ADJUDGED:

1. That this Recommended Order is hereby ratified.
2. That the parties herein are ordered to abide by all the findings and recommendations contained in said Recommended Order, that the Court adopts each and every recommendation contained therein as this Court’s Order.

DONE AND ORDERED…