QUESTION

What happens when due process is violated by the state?

Asked on Oct 13th, 2020 on Family Law - Florida
More details to this question:
Court to determine back child support was rescheduled and neither party was notified so they put me on child support for my adult son somehow because both parties were not present. Can I get this all dismissed for failure of due process?
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1 ANSWER

Family Law Attorney serving Coral Gables, FL
2 Awards
Timing here is important. You have ten days to request a rehearing and if you were not notified of the hearing, you may have a good opportunity to revisit the order. You also have thirty days to file a Notice of Appeal if you are in a district where a re-hearing is not a prerequisite and you have missed the ten-day deadline I cited above.  This is a very peculiar situation where, as you said, no party received notice of the hearing. You should have a local family law attorney review your facts and timing to ensure you are accurate
Answered on Oct 14th, 2020 at 2:35 PM

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