Posted by Nydia Streets of Streets Law in Florida Child Support
Failing to appear at your Florida family law case hearing can have a negative impact on the relief you want in your case. This may also be true when it comes to failing to timely respond to court documents. A party may have learned this the hard way in the case Castro v. Fla. Dep't of Revenue, 1D20-981 (Fla. 1st DCA March 18, 2021).
A Florida administrative child support case was initiated and the father was served with notice of the same, along with a financial affidavit and other forms for him to complete. The father did not timely provide the documents, so the Department of Revenue prepared a proposed support order. The father objected to the order and requested a hearing. A hearing was set and the father was sent notice of the hearing date and time. The father did not appear at the hearing, and a final judgment establishing child support was entered in his absence. The father appealed.
The appellate court upheld the final judgment, stating “On appeal, Mr. Castro's sole argument is that he failed to appear at the noticed hearing because his attorney misadvised him not to attend. But no attorney ever appeared in this proceeding on behalf of Mr. Castro. And this appeal is not the proper venue for addressing such allegations. Appellate courts are required to affirm final agency action unless the appellant shows a ground for setting such action aside, as provided by section 120.68, Florida Statutes. Mr. Castro has failed to establish, or allege, any statutory grounds for reversal.”
Seeking legal counsel right away may be your first and most important step when you receive notice of a legal proceeding against you. Schedule a consultation to speak with a Miami child support lawyer about your case.