Refferal from Magistrate

[syskjw]

What is the name of your state? fl.
O.k now I am really confused. The other parent was in default I set a final hearing get to court and the judge said pre-trial, mediation then final. (read previous post to catch up)I recieved a letter today from the office of the general magistrate stating Oct. 4 we are to appear before the magistrate regarding all issues filled which is modification. But I did not file a refferal to the magistrate. So appearing before the magistrate is that pre-trial or final hearing?

 

[Gracie3787]

What is the name of your state? fl.
O.k now I am really confused. The other parent was in default I set a final hearing get to court and the judge said pre-trial, mediation then final. (read previous post to catch up)I recieved a letter today from the office of the general magistrate stating Oct. 4 we are to appear before the magistrate regarding all issues filled which is modification. But I did not file a refferal to the magistrate. So appearing before the magistrate is that pre-trial or final hearing?

Some counties are now using magistrates only for family court cases, so that might be the reason. The best way to find out which it is is to call the court clerk's office or the magistrate's scheduling secretary. One of them should be able to tell you what the hearing is listed as, final or pre-trial.

 

[syskjw]

I called child support and domestic relations and neither could tell me if the refferal to the magistrate was for a pretrial or final. All they said was there was a letter fiiled stating final was not signed. That was from when I set a final hearing with the intake staff but when we appeared I got lectectured.

 

[LdiJ]

I called child support and domestic relations and neither could tell me if the refferal to the magistrate was for a pretrial or final. All they said was there was a letter fiiled stating final was not signed. That was from when I set a final hearing with the intake staff but when we appeared I got lectectured.

Gracie didn't suggest that you call child support and domestic relations. She suggested that you call the court clerk.

 

[syskjw]

When you call the clerk of the courts they have departments. I was transfered to child support and child support rtransfered me to domestic relations due to me filling a modification.

 

[Gracie3787]

What is the name of your state? fl.
... we are to appear before the magistrate regarding all issues filled which is modification.

That might be your answer, IF the paper is worded EXACTLY as you described- ".. regarding all issues filed".

Either way, the best thing to do is to go to the hearing prepared for it to be final. If it's not, then no harm done. But it's better to be over prepared than under prepared.

 

[syskjw]

We appeared before the magistrate. The mother pointed out to the magistrate asking what this court date was for because the judge had stated when he set the final hearing he did it out of order. The magistrate stated that it looks like the judge decided to go ahead with the final. I went to speak for the reason why we are here and the amount according to the child support guidelines she should be paying. She took proof of my income, insurance but when we got to child care she would not take the information for childcare will school is out. I stated to the magistrate I have proof of what I paid during summer and what I am paying now during school and a copy of registration for winter break and spring break. The magistrate stated there only concern is while she is in school. There is a big diffrence in the amount when she is in school it is $45 a week and when she is out it is $95 a week. I stated to the magistrate the date I filled for modification was the first week of summer and that information was turned in with my request. She still denied taking the information. And then I moved on to inform her that when the mother filled her papers with the courts she did not mail me the documents on the date she wrote on the papers and she has not responded to the Interrogatories. The magistrate moved on to another subject. Mother replied that she can not afford the amount he is requesting due to her husband being unemployeed and she should not be responsible for child care costs during breaks from school. The magistrate did not even ask her why? So the amount that the magistrate is figuring on is not the correct amount and she refused to take the info or proof. I know the magistrate can offer a suggestion on the matter to the judge but the child care is off by $1425 for the year. And the mother has 2 roommates and her husband was fired due to possesion of marjuiana and not having a license. This is all frustrating. If it was a man sitting there as the NC you know they would be all over them.

 

[Gracie3787]

We appeared before the magistrate. The mother pointed out to the magistrate asking what this court date was for because the judge had stated when he set the final hearing he did it out of order. The magistrate stated that it looks like the judge decided to go ahead with the final. I went to speak for the reason why we are here and the amount according to the child support guidelines she should be paying. She took proof of my income, insurance but when we got to child care she would not take the information for childcare will school is out. I stated to the magistrate I have proof of what I paid during summer and what I am paying now during school and a copy of registration for winter break and spring break. The magistrate stated there only concern is while she is in school. There is a big diffrence in the amount when she is in school it is $45 a week and when she is out it is $95 a week. I stated to the magistrate the date I filled for modification was the first week of summer and that information was turned in with my request. She still denied taking the information. And then I moved on to inform her that when the mother filled her papers with the courts she did not mail me the documents on the date she wrote on the papers and she has not responded to the Interrogatories. The magistrate moved on to another subject. Mother replied that she can not afford the amount he is requesting due to her husband being unemployeed and she should not be responsible for child care costs during breaks from school. The magistrate did not even ask her why? So the amount that the magistrate is figuring on is not the correct amount and she refused to take the info or proof. I know the magistrate can offer a suggestion on the matter to the judge but the child care is off by $1425 for the year. And the mother has 2 roommates and her husband was fired due to possesion of marjuiana and not having a license. This is all frustrating. If it was a man sitting there as the NC you know they would be all over them.

As soon as the order is signed, if the amount is not according to the full guidelines, you will have 10 days to file a motion for recondsideration/rehearing. And 30 days in which to file a notice of appeal. The big question is: Was this hearing recorded? If so, you'll stand a greater chance of prevailing. If not, it'll be your word against the magistrate's.

 

[syskjw]

yes there was another party present recording it. But I can't remember if she was in the room when she refused the information because the magistrate asked the party to get a paper for Mrs. LeBruno to request modification of visitation.

 

[Gracie3787]

yes there was another party present recording it. But I can't remember if she was in the room when she refused the information because the magistrate asked the party to get a paper for Mrs. LeBruno to request modification of visitation.

Uh, I'm a little confused. Was this ONLY a child support hearing?

IF it was, and the magistrate asked someone, anyone to get "a paper" for anyone to request a modification of visitation, then you really, REALLY need to get an attorney ASAP.

IF this was only a CS hearing, the magistrate had no legal right at all to instruct anyone to to get anything that was not already filed for.

 

[syskjw]

That is what my wife said. That she has no authority to suggest to the other party to modify visitation or question the visitation that was set by the court. I recieved a letter today from the magistrate. I saw the 1st error in the 3rd paragraph. The error is that it states that father request $20 per month towards 5,536.48 arrears. On my petition I wrote on there as well to keep having her pay 20.00 a week in arrears which was ordered by the judge on last contempt case. And on my net income she has it as $2,017.96 a month. But my health insurance is taken out of my check before taxes making my net 1298.86 a month. And the mothers net income is $1,214.57 a month. And 143.90 month for our daughters insurance and 257.50 for child care.(I sent a complaint letter to child support stating the magistrate refused portion of child care cost for when school was not in session and had proof of what I paid so at least the letter helped because that amount is accurate) On the magistrates remondation she has the mother paying 37.57% or $386.23 per month or 89.13 per week. However recommends a 5% deviation because mother is the only working parent supporting to other children that she be ordered to pay 366.92 per month and did say mother owes retro active 2,201.52 but not when to pay it. That makes her owing 7,738 in arrears now. Heres the kicker in the last paragraph it states Children are entitled to frequent and continuing contact with both parents. A visitation schedule states only minimum contact, so the parties should confer and agree on additional visits often. In our visitation agreement is very thourgh. Every other weekend starting from Friday at 6:00pm which I take her there to Monday mornig the mother is suppose to take her to school. ( which she has only done once since the agreement all other times she brings her home on Sunday by mother choice) Every other Wednesday mother is suppose to pick her up after school and bring her back to school the next morning(never does it)Alternating Thanksgiving and Christmas, spring break, winter vactation1/2, halloween, easter. Mother had declined summer vacation because she could not afford it.

 

[Gracie3787]

That is what my wife said. That she has no authority to suggest to the other party to modify visitation or question the visitation that was set by the court. I recieved a letter today from the magistrate. I saw the 1st error in the 3rd paragraph. The error is that it states that father request $20 per month towards 5,536.48 arrears. On my petition I wrote on there as well to keep having her pay 20.00 a week in arrears which was ordered by the judge on last contempt case. And on my net income she has it as $2,017.96 a month. But my health insurance is taken out of my check before taxes making my net 1298.86 a month. And the mothers net income is $1,214.57 a month. And 143.90 month for our daughters insurance and 257.50 for child care.(I sent a complaint letter to child support stating the magistrate refused portion of child care cost for when school was not in session and had proof of what I paid so at least the letter helped because that amount is accurate) On the magistrates remondation she has the mother paying 37.57% or $386.23 per month or 89.13 per week. However recommends a 5% deviation because mother is the only working parent supporting to other children that she be ordered to pay 366.92 per month and did say mother owes retro active 2,201.52 but not when to pay it. That makes her owing 7,738 in arrears now. Heres the kicker in the last paragraph it states Children are entitled to frequent and continuing contact with both parents. A visitation schedule states only minimum contact, so the parties should confer and agree on additional visits often. In our visitation agreement is very thourgh. Every other weekend starting from Friday at 6:00pm which I take her there to Monday mornig the mother is suppose to take her to school. ( which she has only done once since the agreement all other times she brings her home on Sunday by mother choice) Every other Wednesday mother is suppose to pick her up after school and bring her back to school the next morning(never does it)Alternating Thanksgiving and Christmas, spring break, winter vactation1/2, halloween, easter. Mother had declined summer vacation because she could not afford it.

There is soo much wrong with the order that you really need to speak to an attorney in the next few days. Just one example is that the magistrate cannot legally deviate for the reasons listed, but that's just one of many problems.

Make sure to see someone soon so that a "10 day motion" can be filed if that's what an attorney thinks is the best way to go.

 

[syskjw]

I could not find any documents on objection or motions. I did a notorized letter to the magistrate, child support and domestic relations requesting it to be reviewd stating my net income is incorrect, on my petition it states $20 a week in arrears and a judge had ordered it due to her failing to comply 5 times after puting her in jail, and pointing out the respondent did not file a motion to deviate from child support and with accordance to the child support guidelines she is suppose to pay 107.32 a week plus 20.00 in arrears verses 89.00 a week the magistrate reported.

 

[Gracie3787]

I could not find any documents on objection or motions. I did a notorized letter to the magistrate, child support and domestic relations requesting it to be reviewd stating my net income is incorrect, on my petition it states $20 a week in arrears and a judge had ordered it due to her failing to comply 5 times after puting her in jail, and pointing out the respondent did not file a motion to deviate from child support and with accordance to the child support guidelines she is suppose to pay 107.32 a week plus 20.00 in arrears verses 89.00 a week the magistrate reported.

In some counties a letter will be enough to begin a review, but not all county's do that. Hopefully, your's is one that will. Please let me know how it goes.

 

[syskjw]

recieved letter today from magistrate. She declined making any changes to her decision even showing proof of her error on my net income which would change the % of responsibility, objecting to deviating from guidlenes work sheet because nothing was filled and a copy of my petition requesting her still pay $20 a week in arrears by last court order. Now mother is over $7,000 behind after retro active amount which she suprisingly input to the modification. Which my daughter will never see it because her mother lets her mother claim her 2 other children on income taxes due to her and her husband not paying child support. The magistrate made no response to the Interrgatories or the fact she has 2 roomates.