I have filed both a Motion for Contempt due to lack of child support payment & a Supplemental Petition for Modication. He was unemployed, judge ruled TEMPORARY reduction in support based on unemployment wages last year. He has been employed for months now.
He didn't respond within the 20 days, however, his attorney contacted the Child Support Hearing Officer and scheduled a date for a hearing (June 2012). Why is that allowable?
I have submitted my Financial Affadavit but he has not submitted anything.
I filed a Motion of Default. What else do I need to do before the hearing? Do I need to file for Mandatory Disclosure so he has to prove his income? What am I required to "disclose" and are there legal forms to complete? What documents to I need to bring to the hearing?
Thank you
If he didn't respond to your supplemental petition in the 20 days since you've had him served by a deputy or process server, you should file a motion for judicial default. You can't just file a regular motion for default because, I'm assuming, his lawyer has filed a notice of hearing or some other pleading. Once any pleading has been filed, a motion for default (by the clerk) won't work. You need a motion for judicial default (default by the judge), and you'll have to set your motion for judicial default for hearing.
You don't need to file for mandatory disclosure; it's automatic. Take a look at Florida Rule of Family Law Procedure 12.285. If he hasn't responded within 45 days of the filing of your motion or petition, you should file a motion to compel and set it for hearing.
As far as documents for the hearing, you'll probably need the financial affidavits and maybe W-2s, tax returns, and many other documents. Your question is really too big for an online forum. You should speak to a lawyer about your trial.
You do not need to request "mandatory disclosure;" it his responsibility to furnish it. However, you can (and should) file a Motion to Compel Mandatory Disclosure. It's not possible to say with certainty why this matter was set for trial in light of the default being entered but keep in mind that courts are reluctant to enter Final Judgments based upon defaults. They just don't do it. And in your case, the Court will invariably need your ex's financial information in order to properly set the amount of child support. Plus, it sounds as if your husband is "pro se" or not represented by an attorney and courts are even less likely to enter judgments based on defaults when the defaulted party is not represented.
There is a form that addresses everything that you could possibly need to bring to court for your hearing. It is called a Certificate of Compliance with Mandatory Disclosure and I'm enclosing the link to this form for your convenience. You can review the document from the link (printing it out helps!) and gather the information described in #2(a) through (q) if you filed a Supplemental Petition for Modification. While it appears daunting, it is not as bad as it looks. And while technically you are supposed to have all of this information available, there are documents that you should focus on having. In this regard, I would turn your attention to your financial affidavit and make sure that you carefully complete it, double-check your math and only then have it notarized---also, it's important to remember when drafting the financial affidavit that the costs and expenses listed are generally to be prorated on a monthly basis. It doesn't hurt to have another set of eyes to take a look at it before you finalize it and have it notarized as preparing a financial affidavit to the uninitiated can be quite grueling. Also, remember that the most important part of your financial affidavit is your INCOME! So make sure that you use your paystubs to calculate your actual income and of course make sure to prorate your income and allowable deductions. Remember that allowable deductions for your financial affidavit are not necessarily the same ones allowed by the IRS when you do your taxes! I would highly advise you to have an attorney review your financial affidavit, at the bare minimum and help you calculate the various child support outcome scenarios. Without going into additional detail, it is possible that the court might impute income to your ex depending on his circumstances. It's likely that only an attorney experienced in family law can assist you in this regard. Back to the most important documents aside from those identified on the attached form, make sure to also have your to also have your pay stubs for the past 3 months, and W-2s for the past year or so and of course, your financial affidavit, signed and notarized. In going to this hearing without an attorney, you are taking risks. As a practical matter, the judge/magistrate/hearing officer will bend over backwards to make sure that the right result is achieved. However, that is not their responsibility. That is your responsibility. And while I hope that my suggestions are helpful, I can't stress to you enough the importance of having an attorney present so that any risk to you is minimized if not alleviated altogether. And while I practice in Central Florida, I could certainly put you into contact with an attorney in the Daytona area. Best of luck!
