Tag Archive for: modification of final judgment

Filing Fees in Pasco County

I previous wrote about filing fees in Hillsborough County and Pinellas County.  In this post I review current filing fees in the Sixth Judicial Circuit, Pasco County, for common family law matters.  A person who initiates a family law case (the “Petitioner”) will pay the following:

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Filing Fees in Pinellas County

I previous wrote about filing fees in Hillsborough County.  In this post I review current filing fees in the Sixth Judicial Circuit, Pinellas County, for common family law matters.  A person who initiates a family law case (the “Petitioner”) will pay the following:

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Filing Fees in Hillsborough County

For most types of family law actions, a party needs to pay a fee to the clerk of the court when he or she files a petition.  Current filing fees for the Thirteenth Judicial Circuit (Hillsborough County) for common family law matters are as follows:

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Modification of Child Support: Don’t Avoid Paying

It’s human nature to want to avoid unpleasant experiences.  That’s why there are so many cavities and income tax extension requests.  However, one thing that people should not avoid is paying court-ordered child support.

Not everyone follows this advice.  According to the Trumball Patch, one man faces two years in prison and a $250,000.00 fine, on top of the $175,000.00 he owes in back child support.  Apparently, his aversion to paying child support persisted since 1993.

If you have been ordered to pay child support, and there has been a substantial change in circumstances that has affected your ability to pay, in Florida you may have the option of seeking a modification of your child support order.

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Temporary Time-Sharing Modification Due to Military Service

If a parent is activated, deployed, or temporarily assigned to military service, courts have the option of entering a temporary order that modifies a custody order.  That temporary order may provide the non-military parent with more time-sharing.  Due to recent changes to section 61.13002, Florida Statutes, the Court also has the option of designating a family member of the child to exercise time-sharing on behalf of the military parent.  Any temporary modification of the time-sharing will be dissolved once the military parent returns from the service, deployment, or temporary assignment.

Additionally, the temporary order may address child support by taking the following actions:

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Section 61.536, Florida Statutes

Recognition and enforcement.—

A court of this state shall accord full faith and credit to an order issued by another state and consistent with this part which enforces a child custody determination by a court of another state unless the order has been vacated, stayed, or modified by a court having jurisdiction to do so under ss. 61.514-61.523.

History.—s. 5, ch. 2002-65.

Section 61.533, Florida Statutes

Hearing and order.—

(1)Unless the court enters a temporary emergency order under s. 61.517, upon a finding that a petitioner is entitled to immediate physical custody of the child, the court shall order that the petitioner may take immediate physical custody of the child unless the respondent establishes that:

(a)The child custody determination has not been registered and confirmed under s. 61.528 and that:

1.The issuing court did not have jurisdiction under ss. 61.514-61.523;

2.The child custody determination for which enforcement is sought has been vacated, stayed, or modified by a court of a state having jurisdiction to do so under ss. 61.514-61.523; or

3.The respondent was entitled to notice, but notice was not given in accordance with the standards of s. 61.509 in the proceedings before the court that issued the order for which enforcement is sought; or

(b)The child custody determination for which enforcement is sought was registered and confirmed under s. 61.528, but has been vacated, stayed, or modified by a court of a state having jurisdiction to do so under ss. 61.514-61.523.

(2)The court shall award the fees, costs, and expenses authorized under s. 61.535 and may grant additional relief, including a request for the assistance of law enforcement officers, and set a further hearing to determine whether additional relief is appropriate.

(3)If a party called to testify refuses to answer on the ground that the testimony may be self-incriminating, the court may draw an adverse inference from the refusal.

(4)A privilege against disclosure of communications between spouses and a defense of immunity based on the relationship of husband and wife or parent and child may not be invoked in a proceeding under ss. 61.524-61.540.

History.—s. 5, ch. 2002-65.

Section 61.531, Florida Statutes

Expedited enforcement of child custody determination.—

(1)A petition under ss. 61.524-61.540 must be verified. Certified copies of all orders sought to be enforced and of any order confirming registration must be attached to the petition. A copy of a certified copy of an order may be attached instead of the original.

(2)A petition for enforcement of a child custody determination must state:

(a)Whether the court that issued the determination identified the jurisdictional basis it relied upon in exercising jurisdiction and, if so, specify the basis;

(b)Whether the determination for which enforcement is sought has been vacated, stayed, or modified by a court whose decision must be enforced under this part and, if so, identify the court, the case number, and the nature of the proceeding;

(c)Whether any proceeding has been commenced that could affect the current proceeding, including proceedings relating to domestic violence, protective orders, termination of parental rights, and adoptions and, if so, identify the court, the case number, and the nature of the proceeding;

(d)The present physical address of the child and the respondent, if known;

(e)Whether relief in addition to the immediate physical custody of the child and attorney’s fees is sought, including a request for assistance from law enforcement officers and, if so, the relief sought; and

(f)If the child custody determination has been registered and confirmed under s. 61.528, the date and place of registration.

(3)Upon the filing of a petition, the court shall issue an order directing the respondent to appear in person with or without the child at a hearing and may enter any order necessary to ensure the safety of the parties and the child. The hearing must be held on the next judicial day after service of the order unless that date is impossible. In that event, the court shall hold the hearing on the first judicial day possible. The court may extend the date of the hearing at the request of the petitioner.

(4)An order issued under subsection (3) must state the time and place of the hearing and advise the respondent that at the hearing the court will order that the petitioner may take immediate physical custody of the child and the payment of fees, costs, and expenses under s. 61.535 and may schedule a hearing to determine whether further relief is appropriate, unless the respondent appears and establishes that:

(a)The child custody determination has not been registered and confirmed under s. 61.528 and that:

1.The issuing court did not have jurisdiction under ss. 61.514-61.523;

2.The child custody determination for which enforcement is sought has been vacated, stayed, or modified by a court of a state having jurisdiction to do so under ss. 61.514-61.523; or

3.The respondent was entitled to notice, but notice was not given in accordance with the standards of s. 61.509 in the proceedings before the court that issued the order for which enforcement is sought; or

(b)The child custody determination for which enforcement is sought was registered and confirmed under s. 61.528, but has been vacated, stayed, or modified by a court of a state having jurisdiction to do so under ss. 61.514-61.523.

History.—s. 5, ch. 2002-65.

Section 61.530, Florida Statutes

Simultaneous proceedings.—

If a proceeding for enforcement under ss. 61.524-61.540 is commenced in a court of this state and the court determines that a proceeding to modify the determination is pending in a court of another state having jurisdiction to modify the determination under ss. 61.514-61.523, the enforcing court shall immediately communicate with the modifying court. The proceeding for enforcement continues unless the enforcing court, after consultation with the modifying court, stays or dismisses the proceeding.

History.—s. 5, ch. 2002-65.

Section 61.529, Florida Statutes

Enforcement of registered determination.—

(1)A court of this state may grant any relief normally available under the laws of this state to enforce a registered child custody determination made by a court of another state.

(2)A court of this state shall recognize and enforce but may not modify, except in accordance with ss. 61.514-61.523, a registered child custody determination of another state.

History.—s. 5, ch. 2002-65.